Republic v Mungai [2022] KEHC 12504 (KLR)

Republic v Mungai (Criminal Case 9 of 2019) [2022] KEHC 12504 (KLR) (9 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12504 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case 9 of 2019

MM Kasango, J

June 9, 2022

Between

Republic

Applicant

and

Judy Wambui Mungai

Accused

Ruling

1. This Court ruled on March 7, 2022 on the application of Judy Wambui Mungai the accused. By that Ruling this Court ordered the accused to provide additional surety for her release on bail.

2. The accused is awaiting the conclusion of this case where she is facing a murder charge. On June 13, 2019 the accused was granted bail on condition that she did execute a recognisance in the sum of Kshs.3million and provide two sureties each of Kshs.2million.

3. The court temporarily cancelled the accused’s bail and ordered she be detained in custody until the court did deal with her co-accused’s plea bargain and until the court did receive the evidence of her co-accused.

4. After the co-accused was convicted of a lesser charge, and sentenced, he testified for the State. The accused at the conclusion of that testimony applied that she be released on bail on the same terms as ordered on June 13, 2019.

5. This Court Ruled on March 7, 2022 and ordered the accused to provide additional surety of Kshs.6 million for her to be released on bail.

6. The learned advocate for accused Ms. Ajiambo applied on March 7, 2022 for reduction of the amount of the additional surety to Kshs.2million. That application was based on the grounds that the accused would attend her trial whenever required that she comes from humble background and she has a young child.

7. The court is entitled to review bail terms if there are changed circumstances. In this case, the accused’s co-accused plea bargained with the State and after his conviction and sentence testified for the State. The court also received the evidence of the victim’s family. This Court by its Ruling of March 7, 2022 considered those changed circumstances and ordered the accused provide additional surety. A case in point on the court’s discretion to consider changed circumstances is Republic v Diana Suleiman Said & another [2014] eKLR where the court stated:-“10. With respect, I do not agree that the review of bail on the ground of changed circumstances, or changes in the circumstances of the case, including circumstances of the accused, witnesses, victims or the society affected by alleged crime is a strange phenomenon. I would say our courts do it every day when we sit to consider renewed applications for bail such as when volatility on the ground is established to have ceased or for the cancellation of bail on account of accused’s refusal to attend court while on bail, when sureties withdraw or for other reasons.11. The changed circumstances test is one of common sense that where the circumstances of the case are so altered that compelling reasons are disclosed for the refusal of bail or for review of terms thereof, the court as a court of justice must reserve for itself a power to revisit the issue in the interest of justice not only for the accused but also for the complainant and the society at large.”

8. With the above in mind, this Court declines to review the Ruling of March 7, 2022.

9. Orders accordingly.

RULING DATED, SIGNED AND DELIVERED AT KIAMBU THIS 9TH DAY OF JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant..................MouriceAccused : PresentFor accused :- Ms. OjiamboFor DPP : Mr. KasyokaCOURTRuling delivered virtually.MARY KASANGOJUDGE