Republic v Maina & 4 others (Criminal Case 11 of 2020)  KEHC 12215 (KLR) (5 August 2022) (Ruling)
Neutral citation:  KEHC 12215 (KLR)
Republic of Kenya
Criminal Case 11 of 2020
MM Kasango, J
August 5, 2022
Peter Irungu Maina
Erustus Maina Kibui
1.Solomon Mwenda Mutegiis one of the two sureties, in this matter, for the 1st accused, Peter Irungu Maina. That accused is charged, alongside four other accused, with the offence of murder. The trial has not commenced.
2.The 1st accused absconded from attending court in this matter on 3rd of March 2021. On that day a warrant of arrest was issued for that accused. To date the 1st accused has not been arrested. On July 6, 2021 this court ordered for the arrest of the surety Solomon Mwenda Mutegi. That surety was arrested on June 27, 2022 and brought to court. The surety on attending court subsequently was asked to show cause why the security, he provided to the court, should not be forfeited. The surety was unable to show sufficient cause.
3.Section 131 of the Criminal Procedure Code guides this court where no sufficient cause is not shown by surety. It is in the following terms:
4.Not only did the surety fail to show cause why the security should not be forfeited but he also stated he was unable to pay the amount of the surety he provided, Ksh. 500,000.
5.During the several attendances by the surety before court I did remind him that when he stood surety for the 1st accused, he undertook to ensure the said accused did attend court when required. This indeed is what the court in the case Stephen Githinji Kinyanjui v Republic (2016) eKLR stated, as follows:
6.The surety, in view of what is stated above, shall indeed forfeit the security he offered in this case.
7.DispositionIn 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 Karingani/Weru/1618.b.The said property Karingani/Weru/1618 shall be sold by public auction.c.A date shall be fixed for the matter to be placed before the Deputy Registrar of this Court for settlement of terms and conditions sale by public auction of that property.d.Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 5TH DAY OF AUGUST, 2022.MARY KASANGOJUDGECoram:Court Assistant: MouriceSurety: Solomon Mwenda Mutegi- present.For DPP: Mr. KasyokaCOURTRULING delivered virtually.MARY KASANGOJUDGE