Moses Mulavi Keya v Republic [2019] KEHC 7719 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MILIMANI

CRIMINAL DIVISION

MISC. CR. APP. NO. 673 OF 2018

MOSES MULAVI KEYA.......................................APPELLANT

VERSUS

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

RULING

I have looked at the trial court file, being City Court Cr. Case No. 447/2018. It shows that the Applicant only failed to show up on the first date that the cash bail was forfeited, being 30/4/2018. While it is not recorded that the proceedings were held in chambers, it was imputive to order a forfeiture of the cash bail on the first day that the accused failed to show up.  In that case, I hold that the application is merited.

I order that the cash bail paid on 9/11/2018 vide Receipt No. 007499 be reinstated.  Consequently, cash bail paid vide Receipt No. 007640, dated 4/12/2018 be refunded to the payee.

The trial court file be remitted back to the trial court.

Dated and Delivered at Nairobi This 4th April, 2019.

G.W.NGENYE-MACHARIA

JUDGE.

In the presence of;

1. Muchiri for the Applicant

2. Momanyi for the Respondent.