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JudgmentHUSSEIN OTITA WKHAYANGA VS The Republic1 min read

HUSSEIN OTITA WKHAYANGA VS The Republic

High Court at Makadara High Court · · Wakiaga

      1. This matter comes before the court under certificate of urgency on a notice of motion dated 15th may 2025

           The applicants maid ground and complaint is that the bond granted to him by the trial court was cancelled on the 

           ground that the same failed to attend court in honor of the terms of the said bond .

   2. From the ruling of the court it is clear that the applicant gave a justifiable reason for his none attendance as he was in a lawful 

       custody and could not be expected to attend court. From the affidavit in support and paragraph 5 of the ruling the applicant attended 

       court as soon as he has released from the custody .

    5. I take the view and hold that the trial court fell into error in the exercise of its discretiion to cancel the accused bond and as such the decision was in eror

        and irregular .

  6. I therefore allow the application dated 15th May 2025 and reinstate the applicants cash bail pending the hearing and determination of the trial before 

       the trial court .

    7. In view of the fact that the  prosecution has closed its case the applicant in addition to the terms of the bond , shall report to the trial court for mention 

   once after every 21 days until the determination of the cause 

   8.   This ruling shall be served upon the defense and the trial court.

     9.And it is ordered 

       DATED SIGNED AND DELIVERD  IN THE ABSENCE OF THE  PARTIES THIS 16th DAY OF MAY 2025

    HUSSEIN OTITA WKHAYANGA VS The Republic HUSSEIN OTITA WKHAYANGA VS The Republic