Waweru v Republic [2023] KEHC 27422 (KLR)

Waweru v Republic (Criminal Case E017 of 2022) [2023] KEHC 27422 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27422 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E017 of 2022

DO Chepkwony, J

December 14, 2023

Between

Isaac Mureu Waweru

Applicant

and

Republic

Respondent

Ruling

1. This matter is for ruling on the Notice of Motion application dated 18th September, 2023 seeking the following orders;a.That the Honourable Court be pleased to review/set aside the bond terms issued by the Honourable Lady Justice M. Kasango on 3rd November, 2022. b.That the Honourable Court be pleased to grant the applicant an alternative of cash bail on favourable terms.c.That costs of this application be provided for.

2. The Application is based on the grounds set out on its face and the Supporting Affidavit of Isaac Mureu Waweru sworn on 10th September, 2023. The Accused argues that he was granted bond terms of Kshs. 2,000,000/= on 3rd November, 2022 which is quite excessive and his family has not managed to secure the bond but have raised Kshs. 500,000/= only.

3. The Accused holds that being released on bail/bond is his constitutional right and that he is ready and willing to abide to any terms that the court shall give as a precondition to his bail terms. He has urged the court to review the bond terms and give him cash bail in place of the bond.

4. However, from the court record, in the Ruling of 3rd November, 2022, the court only granted bond terms to the 2nd Accused, Joseph Muthotho Wanjiku and the 3rd Accused, Anthony Ngigi Kamathi where they were released on bond of Kshs. 2,000,000/= with each providing two sureties for similar amount. At Paragraph 1 of the ruling, the court stated that:-“The 1st Accused, Isaac Mureu Waweru had requested that he be allowed to argue his bail application after his learned Counsel has supplied this court with legal authorities.’

5. In essence, this court cannot review bond terms which were not issued in the first place. The court can also not give orders for bail and bond terms since there is no evidence of any bail/bond application that has been canvassed by the 1st Accused or his Counsel.

6. The court therefore finds that the application herein is premature and lacks merits and the same is dismissed. The 1st accused is then directed to file and serve appropriate application.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF DECEMBER, 2023. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Moraa for the StateM/S Githinji for 1st AccusedAccused - present