Republic v Mwangi & another [2022] KEHC 15342 (KLR)

Republic v Mwangi & another (Criminal Appeal E215 of 2022) [2022] KEHC 15342 (KLR) (2 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15342 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Appeal E215 of 2022

MM Kasango, J

November 2, 2022

Between

Republic

Applicant

and

Gladys Njeri Mwangi alias Chania

1st Suspect

Morris Kamau Mbugua

2nd Suspect

(Being a Criminal Revision of the ruling at the Chief Magistrate’s Court at Kiambu (Hon. W. Rading, SRM) dated 24th October, 2022 in the Misc. Criminal Appln. No. E442 of 2022)

Ruling

1. Section 362 of theCriminal Procedure Code enables the High Court to call and examine the record of criminal proceedings in subordinate court to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order.

2. This court on its own motion has called for the file of Kiambu Chief Magistrate’s Court Miscellaneous Criminal Application No E442 of 2022 in order to satisfy itself with the order made by W Rading, SRM on October 24, 2022 whereby bond was issued.

Background 3. Gladys Njeri Mwangi alias Chania and Morris Kamau Mbugua (hereinafter the suspects) were presented before Kiambu Chief Magistrate’s Court in the aforestated matter, where police were seeking extension of time to hold in police custody the suspects to enable them conclude their investigations. The suspects are suspected of having committed the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The suspects were charged before this court with the offence of murder in Criminal Case No E038 of 2022. The matter before the Kiambu Chief Magistrate is limited to the application by the police for detention of the suspects in police custody while investigations are being conducted.

Analysis 4. Bearing in mind the limited purpose for which the police appeared before the Kiambu Chief Magistrate’s Court, and because the suspects are held on suspicion of having committed murder and considering that the jurisdiction for the offence of murder is in the High Court, the SRM, Rading erred on October 24, 2022 in granting bail to the suspects. The power to deal with the suspects any further than extending the period to detain suspects when the offence is one of murder lies squarely within the High Court. SRM, Rading had no power to grant the suspects bond. That order of October 24, 2022 failed the legality tests.

5. It is for that reason the ruling of SRM, Wilson Rading in Kiambu Criminal Miscellaneous Case No E442 of 2022 dated October 24, 2022 granting the suspects bail/bond is hereby set aside and vacated.

6. This file shall henceforth be closed.

RULING DATED AT KIAMBU THIS 2ND DAY OF NOVEMBER, 2022. MARY KASANGOJUDGE