REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII MISCELLANEOUS CRIMINAL APPLICATION NO. E177 OF 2024 JOHN MAGATI SONGA……………………………………..APPLICANT =VERSUS= REPUBLIC………………….. ………………….....................RESPONDENT RULING 1. This is an Application for reinstatement of bond at Ogembo Law Courts where the Applicant was an Accused in OGEMBO PM’S COURT CRIMINAL CASE NO. E8254 OF 2021. 2. In which he was charged with the offence of Obtaining by False Pretence contrary to Section 313 of the Penal Code (CAP 63 Laws of Kenya). The trial court had cancelled his bond. 3. Aggrieved by that decision, the Applicant filed this Application. The same was made on 17 th December 2024 when he was in remand at KISII GK PRISON. 4. I have perused the original file of the trial court, and noted that the case proceeded to hearing and was eventually dismissed, and the Applicant acquitted under Section 210 of the Criminal Procedure Code (CAP 75 Laws of Kenya). That was on 9th April 2025. 5. I therefore find that this Application was overtaken by events. That could explain the reason why the Applicant is KISII HC Misc Criminal Application No. E177 of 2024 1
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not here today to prosecute this Application. As the matter is no longer live. 6. For that reason, this Application is hereby struck out accordingly. DATED and DELIVERED at KISII on this 26th June 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Misc Criminal Application No. E177 of 2024 2
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