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Kenya decisions
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Githinji v Republic [2024] KEHC 12740 (KLR)
The High Court held that a surety could settle the bond amount and obtain release of a vehicle held as security, because the trial court had not followed the CPC forfeiture procedure.
Humphrey Githaiga Muiru v Republic [2021] KEHC 838 (KLR)
The High Court allowed an appeal against committal for bond forfeiture, finding the trial court failed to follow section 131 of the Criminal Procedure Code.
Julius Muriithi Kibanya v Chief Magistrate’s Court Kerugoya, Lucy Ruguru Chege, Samuel Kariithi t/a Giant Auctioneers, Director of Criminal Investigations & Attorney General [2021] KEHC 6703 (KLR)
The High Court upheld forfeiture procedures against a surety’s land, finding the applicant had been heard and that the magistrate followed section 131 of the Criminal Procedure Code.
George Maina Ndung’u v Republic [2021] KEHC 6897 (KLR)
The High Court held that the appellant, having absconded after bail pending appeal, had abandoned his appeal. It ordered execution of the sentence and action against the surety.
Isaac Mwetish Chematia v Republic [2019] KEHC 7840 (KLR)
The High Court set aside a six-month committal order against a surety, holding that the trial court failed to follow the statutory procedure for forfeiture and enforcement under section 131.
Samwel Muthee Kigo v Republic [2018] KEHC 2005 (KLR)
The High Court set aside imprisonment imposed on a surety after finding the trial court failed to follow the mandatory forfeiture procedure under section 131 of the Criminal Procedure Code.
John Williams Njiru Njung'a v Republic [2018] KEHC 6090 (KLR)
The High Court found that the trial magistrate failed to comply with the mandatory procedures under Section 131 of the Criminal Procedure Code before sentencing the applicant (surety) to imprisonment. Specifically, the applicant was neither ordered to pay the penalty of the bond nor given an opportunity to show cause why it should not be paid, as required by law. Imprisonment is only permissible after these steps and if the penalty cannot be recovered by attachment and sale. The subsequent order by the Senior Resident Magistrate granting the applicant a personal bond was also irregular and vo…
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Morris Abuga v Republic [2013] KEHC 5677 (KLR)
The High Court set aside a six-month imprisonment order against a surety, holding that the trial court had not completed the procedure required before imprisonment under section 131.
SALMIN BWANAHERI BWANAMKUU Vs ATTORNEY GENERAL [2003] KEHC 261 (KLR)
The High Court dismissed a surety’s revision application, holding that forfeiture of the bond was proper after the accused absconded and the statutory procedure was followed.
Kioga v Republic [1985] KECA 28 (KLR)
The Court of Appeal held that proof of forfeiture under section 131(1) of the Criminal Procedure Code need not be on oath where the accused’s advocate admitted the breach.
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