REPUBLIC OF KENYA IN THE HIGH COURT AT MILIMANI CRIMINAL DIVISION MISC. CR. APP. NO. 673 OF 2018 MOSES MULAVI KEYA.......................................APPELLANT VERSUS REPUBLIC..........................................................RESPONDENT RULING I have looked at the trial court file, being City Court Cr. Case No. 447/2018. It shows that the Applicant only failed to show up on the first date that the cash bail was forfeited, being 30/4/2018. While it is not recorded that the proceedings were held in chambers, it was imputive to order a forfeiture of the cash bail on the first day that the accused failed to show up. In that case, I hold that the application is merited. I order that the cash bail paid on 9/11/2018 vide Receipt No. 007499 be reinstated. Consequently, cash bail paid vide Receipt No. 007640, dated 4/12/2018 be refunded to the payee. The trial court file be remitted back to the trial court. Dated and Delivered at Nairobi This 4th April, 2019. G.W.NGENYE-MACHARIA JUDGE. In the presence of; 1. Muchiri for the Applicant 2. Momanyi for the Respondent.
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