Prosecutor v Muthani & 3 others [2022] KEHC 15009 (KLR)

Prosecutor v Muthani & 3 others (Criminal Case E004 of 2021) [2022] KEHC 15009 (KLR) (Crim) (9 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15009 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case E004 of 2021

DO Ogembo, J

November 9, 2022

Between

Prosecutor

Republic

and

Jonathan Muema Mutune

1st Accused

Benard Mutie Muthani

2nd Accused

Kelvin Emojong

3rd Accused

Bwato Mohammed

4th Accused

Ruling

1. The 2nd accused, Bernard Mutie Muthani has filed this application dated October 14, 2022 seeking revision of the terms of bond as set by this court on 30. 8.2021. He has proposed to be released on a cash bail of Kshs 50,000. The prosecution has opposed this application on grounds that there has been no change of circumstances of this case as to justify the revision sought.

2. I have considered the above submissions. I have also considered the fact some of the co-accuseds have already secured sureties and are out on bond. In the circumstances, I find that it would be in the interests of justice that the terms of bond be revised in favour of accused 2.

3. Considering the nature of the charges herein, I revise the orders issued herein on August 30, 2021 and order that the 2nd accused may now be released on a bond of Kshs.1million with 1 surety of a similar amount or an alternative of Kshs 100,000. All the other terms of bond shall remain as earlier ordered. Orders accordingly.

D. O. OGEMBOJUDGE9TH NOVEMBER, 2022. Court:Ruling read out in open court in the presence of Ms. Kimani for state and Bosire for 2nd and 3rd.D. O. OGEMBOJUDGE9TH NOVEMBER, 2022.