The applicant in this matter was an accused person in HCCRC No. E013/2021.
The applicant was granted bail in the sum of Ksh. 500,000/= and was released upon the sum being deposited in court.
The receipt for the cash bail was issued in the name of the firm of Mwendwa Mwinzi & Associates Advocates.
The Applicant by way of a Notice of Motion dated 26 th June 2025 moved this court for the release of the cash bail to him following difficulties he has had with his counsel regarding the cash bail.
The Application was served upon the Advocates concerned and on record is an affidavit of service sworn by Ouko Nyamanga Advocate on 12 th August 2025 clearly indicating that serve was done as ordered by the court.
It is abundantly clear from the annextures to the affidavit that service was effected through email and WhatsApp which are recognized modes of service under the law.
The Gazette Notice No. 2357 of 4 th March 2020 published under the hand of the Chief justice of the Republic of Kenya provides under clause 13(I) that electronic service of documents is a recognized mode of service thus the service effected upon the respondent in this matter was proper in law.
The Respondent did into appear at the hearing of the application on the 14/8/2025 thus the matter proceeded exparte.
The court is inclined to grant prayer 2 in the Notice of Motion.
The funds held pursuant to the receipt No. DCA 0002230 dated 24/8/2021 shall be released to the Applicant forthwith.
There shall be no order as to costs.
It is so ordered.
The applicant was granted bail in the sum of Ksh. 500,000/= and was released upon the sum being deposited in court.
The receipt for the cash bail was issued in the name of the firm of Mwendwa Mwinzi & Associates Advocates.
The Applicant by way of a Notice of Motion dated 26 th June 2025 moved this court for the release of the cash bail to him following difficulties he has had with his counsel regarding the cash bail.
The Application was served upon the Advocates concerned and on record is an affidavit of service sworn by Ouko Nyamanga Advocate on 12 th August 2025 clearly indicating that serve was done as ordered by the court.
It is abundantly clear from the annextures to the affidavit that service was effected through email and WhatsApp which are recognized modes of service under the law.
The Gazette Notice No. 2357 of 4 th March 2020 published under the hand of the Chief justice of the Republic of Kenya provides under clause 13(I) that electronic service of documents is a recognized mode of service thus the service effected upon the respondent in this matter was proper in law.
The Respondent did into appear at the hearing of the application on the 14/8/2025 thus the matter proceeded exparte.
The court is inclined to grant prayer 2 in the Notice of Motion.
The funds held pursuant to the receipt No. DCA 0002230 dated 24/8/2021 shall be released to the Applicant forthwith.
There shall be no order as to costs.
It is so ordered.