Jimmy Mururi Kimani v Republic [2018] KEHC 9391 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CR. APPL. NO. 362 OF 2018

JIMMY MURURI KIMANI.............................................APPLICANT

VERSUS

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

RULING

Having heard both parties, and upon perusal of the trial court record, I come to the conclusion that the forfeiture of the cash bails was not justified.  There was good reason why the applicant absconded himself from court.

I accordingly order that the cash bail of Kshs. 80,000/= paid vide receipt No. 0416182 dated 6/6/2016 and of Kshs. 120,000/= paid vide receipt No. 0378926 dated 18/8/2016 be forthwith reinstated and refunded to the payee.  I make an order for refund/released on account that the trial case has been withdrawn.

DATED and DELIVERED this 30thday of July, 2018

G.W. NGENYE-MACHARIA

JUDGE

In the presence of:

1.  G. Kamau for the Applicant.

2.  M/s Sigei for the Respondent.