REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL REV. NO. 307 OF 2018 DOUGLAS MWITI M’MUGA................................................APPLICANT VS REPUBLIC..................................................................................RESPONDENT RULING Douglas Mwiti M’Muga applied that the court revises the order of the trial magistrate in Meru C.M.C Cr. C. No. 1173 of 2018 for reasons that there exists no compelling reasons to warrant the applicant being denied bond and that the trial magistrate based her decision to deny bond on remote matters and didn’t consider the Social Inquiry Report and Information from Investigating Officer and Assistant Chief of the area. The applicant was released on bond of Kshs 500,000/= in CR.C No. 1716 of 2013 on 2 nd December 2013 and from the record in this particular file from 10th August 2015 he didn’t attend court until on 21.3.2017 when charge of obtaining money by false pretences was withdrawn. The court however made an order that the title deed should not be released until the surety avails the accused. Accused was arrested on 13.6.2018 and arraigned in court on 13.6.2018 after fresh charge was instituted. I have perused both CR.C No. 1716 of 2013 and 1173 of 2015 as well as the applicants grounds for seeking that the trial courts orders be revised but I do find that the trial court properly exercised its jurisdiction to deny the applicant bond. The orders made are legal according to the law and the constitution. The applicant ought to have cause veronica – paragraphs 16 and CPL Nyagah to swear affidavits and confirm his averments that he visited the registry several times and found his file missing or that the made inquiries about the status of his case. The application to revise orders is disallowed. HON. A.ONG’INJO JUDGE RULING SIGNED, DELIVERED AND DATED THIS 2ND DAY OF AUGUST 2018. IN THE PRESENCE OF: C/A:-Penina Applicant:-Mr Ondari Advocate Holding Brief for Kaimenyi Respondent:- MS Muaga holding brief for Ndubi for Applicant Mrs Mwathi for Respondent HON. A.ONG’INJO JUDGE
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