Gitonga v Republic [2022] KEHC 16262 (KLR)

Gitonga v Republic (Criminal Revision E251 of 2022) [2022] KEHC 16262 (KLR) (15 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16262 (KLR)

Republic of Kenya

In the High Court at Meru

Criminal Revision E251 of 2022

TW Cherere, J

December 15, 2022

Between

Ken Gitonga

Applicant

and

Republic

Respondent

Ruling

1. The powers of the High Court in revision cases are contained in section 362 through to 366 of the Criminal Procedure Code (cap 75) Laws of Kenya. Section 362 specifically provides as follows: -'362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court'.

2. Applicant was granted a cash bail and the trial court in its ruling dated September 26, 2022 gave reasons for not granting a surety bond.

3. No material has been placed before the court to demonstrate any incorrectness, illegality or impropriety of the proceedings of the subordinate court.

4. I have considered the application seeking review of the bond terms and I find that it has no merit and it is declined.

DATED AT MERU THIS 15TH DAY OF DECEMBER 2022WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Mr. KinotiApplicant - Present in personFor the State - Ms. Mwaniki (PPC)