REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU (CORAM: CHERERE-J) CRIMINAL APPEAL NO. E158 OF 2021 BETWEEN MOHAMMED NOOR.....................................................APPLICANT AND REPUBLIC................................................................... RESPONDENT RULING 1. MOHAMMED NOOR (Applicant) was charged in ISIOLO CRIMINAL CASE NO. 1298 OF 2018 with arson and malicious damage to property. 2. He avers that after he was released on bond on 20 th December, 2018, he started out of court negotiations with the complainant and upon reconciling, he mistakenly believed that that was the end of the matter. He therefore did not attend the hearing scheduled for 07 th March, 2019. A warrant for his arrest was issued and he and was subsequently apprehended on 24 th June, 2021. 3. Having absconded, I find that the trial court appropriately cancelled Applicant’s bond. 4. And now that the complainant has indicated willingness not to proceed with the case, it would not be in the interest of justice to continue holding the Applicant in custody. 5. It is therefore hereby ordered THAT: a. This matter be mentioned before the trial court on 13th October, 2021 or any such earlier or later date when the complainant shall formerly be given an opportunity to withdraw the complaint b. If the complaint is not withdrawn, the Applicant shall be at liberty to renew application for his release on bond DATED THIS 05TH DAY OF OCTOBER, 2021 WAMAE. T. W. CHERERE JUDGE Court Assistant - Kinoti Appellant - Present For the Applicant -Ms. Nelima for J.O.Ondieki & Co. Advocates For the Respondent - Ms. Mwaniki
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