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Republic v Mwangi (Criminal Case 5 of 2019) [2022] KEHC 13443 (KLR) (6 October 2022) (Ruling)
Neutral citation:
[2022] KEHC 13443 (KLR)
Republic of Kenya
Criminal Case 5 of 2019
HPG Waweru, J
October 6, 2022
Between
Republic
Prosecutor
and
Paul Kariuki Mwangi
Accused
Ruling
1.The accused herein, Paul Kariuki Mwangi, is on trial for murder contrary to sections 203 and 204 of the Penal Code. On December 19, 2019 he was admitted to bail pending his trial. On February 3, 2021 he failed to attend court, and a warrant for his arrest was issued, returnable on March 1, 2021. On February 4, 2021 the Accused presented himself in court accompanied by his learned counsel. After an explanation about his absence from court the previous day, the warrant of arrest was lifted.
2.Again on February 10, 2022 the accused failed to attend court, and a warrant for his arrest was issued, returnable on March 15, 2022. On that date the accused presented himself in court before the warrant of arrest was executed. The court was not satisfied with the explanation given for his absence from court on February 10, 2022 by his learned counsel; it therefore cancelled his bail and he was remanded in custody.
3.On June 8, 2022 the accused applied by notice of motion of the same date for review of the order of March 15, 2022 by which his bail was canceled, and re-admit him to bail. This ruling concerns that application.
4.I have considered what he has stated in his supporting affidavit annexed to the application. That explanation has not added much to the explanation given orally in court on March 15, 2022 by his learned counsel. However, learned prosecution counsel has stated that he consulted the investigating officer of the case (who would ordinarily be responsible for looking for and apprehending the Accused should he jump bail), and that he has no objection to him being re-admitted to bail. I also note that the Accused has been in custody now for nearly seven (7) months since his bail was cancelled; he must have learnt his lesson about the seriousness of absenting himself from court.
5.I will in the circumstances allow the application and re-admit the accused to bail upon the same terms as before. It is so ordered. He is warned that should he willfully absent himself from court again his bail may be permanently cancelled.
DATED AND SIGNED AT NANYUKI THIS 3RD DAY OF OCTOBER 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 6TH DAY OF OCTOBER 2022.
