Geoffrey Ongangu Ondieki & Samuel Uche v Republic [2017] KEHC 9713 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CR. APPLICATION NOs. 286 & 288 OF 2017

GEOFFREY ONGANGU ONDIEKI......1ST APPLICANT

SAMUEL UCHE.................................2ND APPLICANT

VERSUS

REPUBLIC.............................................RESPONDENT

RULING

In view of the additional charges against both Applicants, I make the following orders:

1. The 1st Applicant herein, Geoffrey Onchangu Ondieki is only charged with one count of trafficking in Narcotics.  Since he is not a foreigner, I admit him to a bond of Kshs. 1,000,000/= with one surety of a similar amount. The surety must be a Kenyan and shall be assessed by the trial court.

2. The 2nd accused, Samuel Uche faces two counts of trafficking in narcotic drugs and an additional charge of being illegally in the country.  The bond terms granted to him by the trial magistrate are sufficient and I have no reason to vary them.  For avoidance of doubt he remains on a bond of Kshs. 2,000,000/= with two sureties of similar amounts.  The sureties must be Kenyans and shall be assessed by the trial court.

3. In addition, the 2nd accused Samuel Uche shall deposit his passport with the trial court and shall not leave the country unless with the express permission of the trial court.

4. If the 2nd accused meets the terms of bond, he shall be reporting to the investigating officer twice a month on days of the week to be agreed between himself and the investigating officer. A record of compliance with this order shall be kept by the investigating officer and filed with the trial court every three months.

5. This order applies to files, High Court Misc. Criminal App. Nos. 288 of 2017 and 286 of 2017.

Dated and delivered at Nairobi this 8th November, 2017.

G.W.NGENYE-MACHARIA

JUDGE

In the presence of;

1. 1st  Applicant, Geoffrey Onchangu Ondieki present

2. 2nd Applicant, Samuel Uche present

3. M/s Sigei for the Respondent.