Republic v Safari [2023] KEHC 21131 (KLR)

Republic v Safari (Criminal Revision E023 of 2023) [2023] KEHC 21131 (KLR) (2 August 2023) (Ruling)

Neutral citation: [2023] KEHC 21131 (KLR)

Republic of Kenya

In the High Court at Malindi

Criminal Revision E023 of 2023

SM Githinji, J

August 2, 2023

Between

Republic

Prosecutor

and

Abdallah Safari

Respondent

(From Original Conviction and Sentence in Criminal Case No.E012 of 2023 of the Magistrate’s Court at Mariakani)

Ruling

Coram: Hon Justice S.M Githinji 1. I have noted that this matter is for review on issue of a forfeited cash bail of 10,000/=.

2. The applicant had been released by police on cash bail of 10,000/= was issued with a receipt No 1656874 on June 4, 2023. He was instructed as indicated in the receipt to appear before the court on June 15, 2023. However, the charge and file were taken to court on June 14, 2023. The applicant was not in court then and the cash bail was forfeited to the state.He appeared on the given date, the June 15, 2023 and explained.

3. However, since the matter is now concluded, the said cash bail forfeiture order is hereby vacated. The cash bail should be refunded to the depositor.

DATED, SIGNED AND DELIVERED AT MALINDI THIS 2NDDAY OF AUGUST, 2023…………………………………………………S.M. GITHINJIJUDGE2/8/2023