HARRISON KANG'ETHE KAMAU vs REPUBLIC [2001] KEHC 330 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CTRIMINAL APPEAL NO.148 OF 2001

(From original Conviction and Sentence in Criminal Case No.3403 of 1998

of the Senior Resident Magistrate’s Court at Kiambu)

HARRISON KANG’ETHE KAMAU…...APPELLANT V E R S U S REPUBLIC………………………….….RESPONDENT

R U L I N G The appellant stood as a surety for his son pending the trial against the son in the Court below. Later the son disappeared and the appellant was arrested and put in remand and later in prison for the son’s disappearance following the forfeiture of the bond.

I note that the son has since been traced, arrested and is now in remand prison.

The appellant was released on bail pending this appeal about three weeks later.

I reduce the bond amount to Shs.10,000/-. The appellant has the said amount and has paid it just now and issued with a receipt. The two title deeds deposited by the appellant in Kiambu Magistrate’s Court when he stood as surety for his son Patrick Kamau Kangethe who is one of the two accused in Kiambu Resident Magistrate’s Criminal Case No.3403/98 be now released to the appellant against his signature as he is released as the surety.

Dated and delivered at Nairobi this 18th day of June, 2001.

V.V. PATEL

JUDGE