Republic v Musembi & 4 others [2024] KEHC 8802 (KLR)

Republic v Musembi & 4 others (Miscellaneous Criminal Case E238 of 2024) [2024] KEHC 8802 (KLR) (23 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8802 (KLR)

Republic of Kenya

In the High Court at Kitui

Miscellaneous Criminal Case E238 of 2024

RK Limo, J

July 23, 2024

Between

Republic

Applicant

and

Joseph Munyao Musembi alias Meshack Matina

1st Respondent

Anne Mutheu Ngovo alias Mary Nzilani Mwaniki

2nd Respondent

Sheddy Kakai Kalusi

3rd Respondent

David Bembe alias Wilson Rono Kirui

4th Respondent

Permenus Kasamba alias Christopher Okero

5th Respondent

Ruling

1. This court has considered the application by the ODPP (state) and the response by the subject (Respondents). I have called for the Lower Court file Kitui CMCC Misc. E019/2024.

2. The order given by court on 22nd July 2024 is not very clear and contradictory because while the trial magistrate granted the state 7 days to carry out investigation while having the subjects in custody, there seems to be a contradiction because the trial court also gave bond of Kshs. 80,000/= each with surety to the subjects therefore defeating the purpose for detention.

3. In the premises this court invokes its revisionary powers under Section 362 of the Civil Procedure Code and sets aside the order for bond.

4. In its place, the subjects will now be held for 7 days from today and will be produced in the trial court on 30th July 2024 for further orders from that court.

DATED, SIGNED AND DELIVERED AT KITUI THIS 23RD DAY OF JULY, 2024HON. JUSTICE R. K. LIMOJUDGE