John Koech & 6 others v Republic [2013] KEHC 2372 (KLR)

IN THE HIGH COURT OF KENYA

AT NAKURU

REVISION NO. 6 OF 2013

JOHN KOECH & 6 OTHERS………………….…….APPLICANT

VERSUS

REPUBLIC………………………………………….RESPONDENT

REVISION

This file was placed before me for purposes of the exercising revisionary powers pursuant to Section 364 of the Criminal Procedure Code.

On 30/5/2013, Hon. Nthuku, Senior Resident Magistrate forfeited the cash bail that had been given to the accused persons for reason that they had failed to appear in court since December 2012.  The court had issued a warrant of arrest for the accused and the police had claimed that they were unable to trace the accused persons.  On 30/5/2013, the accused persons appeared before the Hon. Magistrate at 1. 10 p.m. in company of counsel, Miss Njeri who sought the lifting of the warrants of arrest for reasons that the accused have been coming to court but going to Court 1 since December 2012.  The court did not accept the explanation given on behalf of the accused person for reasons that counsel should have advised them which court to go to or they would have asked for directions.

The accused persons appeared in court for plea on 16/11/2012 and were given bond of Kshs.50,000/- and cash bail of Kshs.20,000/-.  The file was placed before me to revise the bond terms downwards which I did by giving the accused persons cash bail of Kshs.5,000/-.  They paid the cash bail and from that day, they never attended court following which warrants of arrest were issued.  I do agree with the Hon. Magistrate that the explanation given by the accused was not satisfactory.  If indeed they had come to court, they would have asked for directions or their counsel would have directed them where to go.  There is no good reason why this court should excise its discretion and vary the bond terms given to the accused.  An order of review is not deserved.  The bond terms of kshs.5,000/- are fair in the circumstances because the accused are not responsible enough to come to court by themselves.  It seems they will need somebody to over see it and that will be done by the surety.  Order of revision is declined.

R.P.V. WENDOH

JUDGE

11/6/2013