BENARD OKEYO OMBOGA vs REPUBLIC [2004] KEHC 2334 (KLR)

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL APPEAL NO.86 OF 2004

(From original conviction and sentence of the CM’s court at Kisii in criminal case

No.1543 of 2001)

BENARD OKEYO OMBOGA ………………………………………….. APPELLANT VERSUS REPUBLIC …………………………………………………………….. RESPONDENT

RULING:

I have considered the application and the objection. Indeed the initial magistrate who handled the matter or called for a probation report, which was favourable to the appellant. The magistrate who took over the case said he considered the report but did not say anything more. I feel this is a proper case to release the appellant on bail. The application is allowed. Appellant be released on his own bond of shs.50,000/= with one surety of similar amount. It is so ordered.

KABURU BAUNI JUDGE 4/6/2004 11-6-2004 In the high court criminal registry. Today Chacha clerk from Kerosi Ondieki & Ondika & Co. Advocates for the appellant present. No appearance for the state. Order:The appeal is listed down for mention on 19th July 2004 for purposes of fixing a hearing date. The appellant’s counsel to serve the State Counsel for Respondent.

DEPUTY REGISTRAR KISII.