Robert Odhiambo Okech v Republic [2014] KEHC 8472 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPLICATION NO.136 OF 2014

ROBERT ODHIAMBO OKECH…………………………………………....APPLICANT

VERSUS

REPUBLIC………………………………………………………………RESPONDENT

RULING

The Applicant, Robert Odhiambo Okech is charged with the offence of obtaining money by false pretencescontrary to Section 313 of the Penal Code. The trial is ongoing in the subordinate court. Pending the hearing and determination of the case, the Applicant had been released on cash bail of Kshs.200,000/-. He failed to appear in court during his trial. His bond was cancelled by the court on 23rd April 2013 and the cash bail of Kshs.200,000/- forfeited. The hearing of the case is yet to be concluded. The Applicant has made this application seeking to have his bond reinstated or alternatively new bond terms be issued. The State is not opposed to the Applicant being released on bond pending the hearing of the case provided appropriate terms are imposed to secure his attendance in court during the hearing of the case.

This court has considered the facts of this case. The trial court was indeed justified to cancel the Applicant’s bond due to his failure, without reasonable excuse, to attend court during the hearing of the case. The cash bail of Kshs.200,000/- that was forfeited to the State cannot be reinstated. It shall remain so forfeited. Since the State is not opposed to the Applicant being released on bond pending trial, the Applicant shall be released on bond with new terms. The new terms is that the Applicant is released on bond of Kshs.1,000,000/- with two sureties of the same amount. Should the Applicant again fail to attend court as required, the trial court shall be at liberty to deal with him appropriately.  It is so ordered.

DATED AT NAIROBI THIS 18TH DAY OF NOVEMBER 2014

L. KIMARU

JUDGE