Douglas Mwiti M’muga v Republic [2018] KEHC 3611 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL REV. NO. 307 OF 2018

DOUGLAS MWITI M’MUGA................................................APPLICANT VS

REPUBLIC..................................................................................RESPONDENT

RULING

Douglas Mwiti M’Muga applied that the court revises the order of the trial magistrate in Meru C.M.C Cr. C. No. 1173 of 2018 for reasons that there exists no compelling reasons to warrant the applicant being denied bond and that the trial magistrate based her decision to deny bond on remote matters and didn’t consider the Social Inquiry Report and Information from Investigating Officer and Assistant Chief of the area.

The applicant was released on bond of Kshs 500,000/= in CR.C No. 1716 of 2013 on 2nd December 2013 and from the record in this particular file from 10th August 2015 he didn’t attend court until on 21. 3.2017 when charge of obtaining money by false pretences was withdrawn. The court however made an order that the title deed should not be released until the surety avails the accused.

Accused was arrested on 13. 6.2018 and arraigned in court on 13. 6.2018 after fresh charge was instituted.

I have perused both CR.C No. 1716 of 2013 and 1173 of 2015 as well as the applicants grounds for seeking that the trial courts orders be revised but I do find that the trial court properly exercised its jurisdiction to deny the applicant bond.

The orders made are legal according to the law and the constitution.  The applicant ought to have cause veronica – paragraphs 16 and CPL Nyagah to swear affidavits and confirm his averments that he visited the registry several times and found his file missing or that the made inquiries about the status of his case.  The application to revise orders is disallowed.

HON. A.ONG’INJO

JUDGE

RULING SIGNED, DELIVERED AND DATED THIS 2ND  DAY OF AUGUST  2018.

IN THE PRESENCE OF:

C/A:-Penina

Applicant:-Mr Ondari Advocate Holding Brief for Kaimenyi

Respondent:- MS Muaga holding brief for Ndubi for Applicant

Mrs Mwathi for Respondent

HON. A.ONG’INJO

JUDGE