Maur Abdallah Bwanamaka v Republic [2013] KEHC 1655 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL REVISION NO. 240 OF 2013

MAUR ABDALLAH BWANAMAKA  …...........................……..APPLICANT

VERSUS

REPUBLIC  ……….……....................................................…RESPONDENT

RULING

The application for revision is grounded on the reasons that the applicant was arrested on October 10, 2013 vide a Warrant of arrest  issued by the Chief Magistrate on 8th October, 2013.

On 11th October, 2013 when the matter came up for mention the surety applied to withdraw and the application was granted without the applicant being given an opportunity to put in a new surety.  On 18th October, 2013 the Accused was remanded in custody.

Upon perusal of the record of proceedings and the ruling of the trial court I am satisfied that he had good reasons to find that the Accused was not a person who was serious about court attendances having narrated four (4) instances in which the Accused had failed to attend court and failed to give good reasons for such failure.  However, its noted he has been in custody for close to a month.  That is deemed to be sufficient punishment.

It is also observed that he had been charged with making a document without authority contrary to section 357(a) of the Penal Code.   2nd count forgery contrary to section 349 of the Penal Code and third count with uttering a false document contrary to section 353 of the Penal Code.

Counsel for the applicant prays that the Accused be released upon his undertaking ( Counsels).  I find that would be trivialising the charges  the Accused is facing.  So as to appreciate Court orders, the Accused is ordered to post a bond of Ksh. 1 million with one surety of similar amount.

The original file is released to the Chief magistrate for mention on 5th November, 2013 for further and necessary orders.

Ruling delivered dated and signed this 1st day of November,  2013.

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M.  MUYA

JUDGE

1ST NOVEMBER, 2013

In open court in the presence of:-

Learned Counsel for the Accused Ms Obara holding brief Nabwana

learned state Counsel Mr. Tanui

Court clerk Musundi