Republic v Ali & 4 others [2023] KEHC 25999 (KLR)

Republic v Ali & 4 others (Criminal Case E002 of 2023) [2023] KEHC 25999 (KLR) (10 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25999 (KLR)

Republic of Kenya

In the High Court at Garissa

Criminal Case E002 of 2023

JN Onyiego, J

November 10, 2023

Between

Republic

Prosecutor

and

Abdirizak Abdow Mohamed Issack Ali (alias Minai)

1st Accused

Mahat Ibrahim Tache

2nd Accused

Mohamed Issack Ali (alias Kadir)

3rd Accused

Abdullahi Bulle Abdow

4th Accused

Adan Mursal Hassan (alias Geney)

5th Accused

Ruling

1. The 1st to 4th accused persons were jointly arraigned in court on 10th July 2023 charged with murder contrary to Section 203 as read with Section 204 of the penal code. Particulars are that on 5th day of January 2023 with others not before the court at Mandera Township within Mandera County unlawfully murdered Farah Ibrahim Salat. Subsequently, accused five who had allegedly fled the jurisdiction of this court for Somalia was arrested and presented before Mandera high court vide Cr.case No. E002 of 2023. Consequently, Mandera file was transferred to Garissa and consolidated with Cr. Case No. E002 of 2023.

2. Accused one to four were released on a bond of Kes one million with one surety of similar amount upon denying the charge. The same was later reviewed downwards to Kes five hundred thousand with one surety of similar. Meanwhile, accused one and two were released on the first bail terms. Subsequently, Mr. Ondieki applied for further review of bail terms for the 3rd and 4th accused persons to Kes 300,000 cash bail. Learned counsel argued that the accused were unable to raise surety owing to the prolonged drought in the region and that they were ready to deposit cash bail.

3. Mr. Kihara for the state opposed the application on grounds that the court had given extremely lenient bail terms and that the offence was serious.

4. I have considered the application herein and the response thereof. The accused persons are seeking lenient bail terms in the nature of Cash bail. It is clear that the accused have been granted bail which has been reviewed previously. Whereas, bail is a constitutional right, the same is not absolute. The trial court has the discretion to determine appropriate bail terms bearing in mind the interest of the victim. I must also state that there is a serious trend of accused persons absconding after being released on very lenient cash bail terms.

5. Taking into account the seriousness of the offence, I do not find a bond of Kes 500,000 unreasonable. In the circumstances, it is my holding that the application is not merited and the same is disallowed.

DATED, SIGNED AND DELIVERED VIRTUALLY AT GARISSA THIS 10TH NOVEMBER 2023J.N. ONYIEGOJUDGE