Matere v Republic [2024] KEHC 6089 (KLR)

Matere v Republic (Criminal Revision E004 of 2023) [2024] KEHC 6089 (KLR) (27 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6089 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision E004 of 2023

DR Kavedza, J

May 27, 2024

Between

William Simiyu Matere

Applicant

and

Republic

Respondent

Ruling

1. The applicant is an accused person before the subordinate court where he is facing two counts of offences. In count I, conspiracy to commit a felony contrary to section 393 of the Penal Code. and in count II, demanding property from menaces contrary to section 302 of the Penal Code. Before the said court, he sought and was granted a bond of Ksh. 2,000,000 with two sureties of a similar amount. The applicant made an application to be admitted to an alternative cash bail. On 20th March 2024, the court declined.

2. It is this order that the applicant is challenging on revision. The averments made are that the amount granted are colossal and he cannot afford it. His continued detention is contrary to the doctrine of presumption of innocent until proven guilty.

3. On 27th May 2024, when the application came up for hearing, the applicant was absent and failed to prosecute his application. Consequently, the appeal is dismissed for want of prosecution.Orders accordingly.

JUDGEMENT DATED AND DELIVERED VIRTUALLY THIS 27TH DAY OF MAY 2024______________D. KAVEDZAJUDGE