Republic v Stephen Mbugua Njambi [2022] KEHC 1678 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 41 OF 2016

REPUBLIC............................................................................................PROSECUTOR

-VERSUS-

STEPHEN MBUGUA NJAMBI..................................................................ACCUSED

RULING

1. STEPHEN MBUGUA NJAMBI was charged with the offence of murder.  He pleaded not guilty.

2. By a Ruling dated 10th February, 2015, the accused was granted bail on condition he posted his own bond of Kshs.1millin with one surety of similar amount.

3. The accused mother Tabitha Njambi Njau posted surety for the accused by providing her title RUIRU/RUIRUKIU BLOCK 2/174.

4. Trial of the accused commenced and the prosecution closed its case on 21st June, 2017.  The accused did not attend court for his trial thereafter.

5. The accused’s mother the surety, has been summoned severally to court to indicate what attempts she was making in tracing the accused.  She has been unable to trace the accused.

6. The court requested the surety to show cause why she should not forfeit her property.  The surety filed an affidavit dated 18th January, 2022 and this Ruling relates to the request for the surety to show cause.

ANALYSIS AND DETERMINATION

7. The surety has not shown cause why she should not pay the amount she posted for surety.  She also has not shown cause why a warrant for attachment of sale of the immovable property of the surety should not issue.

8. The surety bore a duty to ensure the accused attended court when required.  This was clearly stated in the case STEPHEN GITHINJI KINYANJUI VS. REPUBLIC (2016) eKLRas follows:-

“In the case ofWILSON KIPROTICH CHEPKAIROR SHOLLEI [2003]eKLR...  The court held that the trial magistrate acted correctly in forfeiting the surety stating as follows:

‘In a case where one has offered to stand surety for an accused person it’s the duty of the surety to ensure that the accused person turns up in court every time the court requires him.  If the accused does not do it for whatever reason the court has no option but to call upon that surety to forfeit his security …’”

DISPOSITION

9. In the end, there is but only one order to be made which is as follows:-

(a) A warrant of attachment and sale is hereby issued in respect to the property RUIRU/RUIRUKIU BLOCK 2/174.

(b) This matter shall be fixed to be placed before the Deputy Registrar of this Court for settlement of terms and conditions of sale by public auction of that property.

(c) Orders accordingly.

RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF MARCH, 2022.

MARY KASANGO

JUDGE

Coram:

Court Assistant : Mourice

Accused : - STEPHEN MBUGUA NJAMBI - Absent

For  accused : - N/A

For DPP : - Mr. Kasyoka

Tabitha Njambi Njau Present

Rulingdelivered virtually.

MARY KASANGO

JUDGE