REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE COURT IN MAKADARA

CRIMINAL CASE NO. 12 OF 2022

REPUBLIC…………………………………………………………………PROSECUTION

VERSUS

WEBB PHILIPS………………………………………………………………… ACCUSED

NOTICE OF MOTION
(Under Section 124 of the Criminal Procedure Code and Articles 49(1)(h), 20(3)&(4), 21(1),
22(3)&(4) & 50(2)(a) of the Constitution of Kenya 2010, All the Other Enabling Powers and
all Other Enabling Provisions of the Law)

Take notice that this Honourable Court shall be moved on the…29…….day of……
November……….2022 in the forenoon or so soon thereafter so as the counsel for the
Defendant may be heard praying for Orders;

1. That, this Honourable Court be pleased to release the Defendant on bond or bail on
such reasonable conditions the Court may deem fit pending trial.

2. That, this Honourable Court be pleased to issue such Orders as may be fair and just to
secure the Defendant constitutional rights to be released on surety bond or bail
pending trial and to secure the defendant’s constitutional rights to be presumed
innocent.

3. That, costs of this application be in the cause.

WHICH APPLICATION is supported by the following grounds;

1. That, the applicant was charged with the offence of breaking and entering and will be
in court for plea-taking on 14th November, 2022.
 2. That, the applicant has been in police custody since 5th November, 2022.\

3. That, the offence of breaking and entering is bailable under article 49 (1) of the
constitution of Kenya, 2010.

4. That, the accused has a right to be regarded as innocent until proven guilty.

5. That, the applicant is a permanent resident of Kenya and resides in Nairobi County
within the jurisdiction of this Honourable Court.

6. That, it is in the interests of justice that this application be allowed.

AND on the annexed supporting affidavit of WEBB PHILLIPS and other grounds, reasons
and arguments to be adduced at the hearing hereof.

DATED at NAIROBI this day of _______2022.

DRAWN & FILED BY

OMANGA & COMPANY
ADVOCATES
REINSURANCE PLAZA
1ST FLOOR
P.O. BOX 26334-00200
NAIROBI.
omangaadvocates@yahoo.com

TO BE SERVED UPON

DIRECTOR OF PUBLIC PROSECUTION

MAKADARA
 REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE COURT IN MAKADARA

CRIMINAL CASE NO. 12 OF 2022

REPUBLIC…………………………………………………PROSECUTION

-VERSUS-

WEBB PHILIPS………………………………………………….ACCUSED

SUPPORTING AFFIDAVIT

I, WEBB PHILIPS a resident of Nairobi County within the Republic of Kenya hereby make
oath and state as follows;-

1. That, I am the Defendant herein thus competent to swear this affidavit.

2. That, I was arrested on 30th of October 2022 and placed under police custody at Nairobi
Police Station in Nairobi County.

3. That, I was charged with the offence of house breaking and burglary and the case will be
mentioned on 1th November 2022 for plea-taking.

4. That, since my arrest I have co-operated with the investigating officers and I undertake to
do the same throughout the trial process and I shall not interfere with the investigations
and the witnesses and I shall abide by the directions and conditions of this Honourable
Court.

5. That, I pray to this Honourable Court to grant me bail or bond amounts and conditions
that are no more than is necessary to guarantee my appearance for trial in accordance with
the set guidelines in the Bail and Bond Policy Guidelines.

6. That, house breaking and burglary contrary to section 301(1) of the penal code and I pray
that I be freed on reasonable bail terms.

7. That, I am ready to abide by any condition that this honourable court will impose me.
8. That, I am unlikely to jump to bail as I am a respectful Kenyan citizen and permanent
resident of Nairobi County where I own property and conduct my businesses.

9. That, what we have deponed to herein above is true to the best of my knowledge,
information and belief.

Sworn by the said )

WEBB PHILLIPS ) …………………..
) ACCUSED
)
at Nairobi this_____day of_________2022 )

Before me )
)
)
)
Commissioner of oaths )

DRAWN & FILED BY

OMANGA & COMPANY
ADVOCATES
REINSURANCE PLAZA
1ST FLOOR
P.O. BOX 26334-00200
NAIROBI.
omangaadvocates@yahoo.com

TO BE SERVED UPON

DIRECTOR OF PUBLIC PROSECUTION

MAKADARA

REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE COURT IN MAKADARA

CRIMINAL CASE NO. 12 OF 2022

REPUBLIC…………………………………………………PROSECUTION

-VERSUS-

WEBB PHILIPS………………………………………………….ACCUSED

DEFENDANT’S LIST OF AUTHORITIES

1. Kajiado High court of Kenya criminal application No. 48 of 2019 – Lavender Akinyi
vR

2. KBT H.C Criminal Case No. 9 of 2018 – R v. Betty Jemutai Kimeiyusa

3. Nyeri H.C Criminal Appeal 182 of 2010 – R v David Ndonga Kimotho

DRAWN & FILED BY

OMANGA & COMPANY
ADVOCATES
REINSURANCE PLAZA
1ST FLOOR
P.O. BOX 26334-00200
NAIROBI.
omangaadvocates@yahoo.com

TO BE SERVED UPON

DIRECTOR OF PUBLIC PROSECUTION

MAKADARA