PATRICK MWANGIRI, ALEX MURERWA, FRANKLIN MWITI, JEREMIAH MWENDA, SILAS NDERI, JULIUS GICHUNGE & LUCY KATHURE v REPUBLIC [2009] KEHC 700 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU Criminal Revision 5 of 2009

PATRICK MWANGIRI …………………………………………………. 1ST APPLICANT

ALEX MURERWA ……………………………………………………… 2ND APPLICANT

FRANKLIN MWITI ……………………………………………………… 3RD APPLICANT

JEREMIAH MWENDA …………………………………………………. 4TH APPLICANT

SILAS NDERI …………………………………………………………… 5TH APPLICANT

JULIUS GICHUNGE …………………………………………………… 6TH APPLICANT

LUCY KATHURE ………………………………………………………. 7TH APPLICANT

VERSUS

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

REVISION

Before Hon. Lady Justice Mary Kasango in chambers

This matter has been referred to me with a view to revising the lower court’s order of 10th July 2009, in respect of the 7th accused person, namely LUCY KATHURE.  Lucy Kathure alongside six others were presented before the Meru Magistrate’s court to show cause why they should not be required to execute bonds for their good behaviour.  On 10th July 2009, Lucy Kathure accepted to execute a bond but was unable to raise a surety as ordered by the lower court.

I hereby revise and set aside the order made by Meru Magistrate’s Court in CM. Criminal Misc. No. 29 of 2009 on 10th July 2009 only in so far as it affects Lucy Kathure and I do hereby order LUCY KATHURE to be released once she executes a personal bond of Kshs. 200,000/= for her good behaviour for a period of one year with effect from 10th July 2009.

Dated this 9th October 2009.

MARY KASANGO

JUDGE