Republic v Dennis Aruba Onyeri, Charles Ondiba, Benard Oyugi & Bonface Nyaberi [2015] KEHC 4207 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 109 OF 2012

REPUBLIC…………………………….…………………………….PROSECUTOR

VERSUS

DENNIS ARUBA ONYERI…………………….......…………………..1ST ACCUSED

CHARLES ONDIBA…………………………………………....……..2ND ACCUSED

BENARD OYUGI……………………………………..……………….3RD ACCUSED

BONFACE NYABERI………………………………………………….4TH ACCUSED

RULING

1. This is an application to review bond terms downwards by all the accused persons herein.

2. On the 15th December, 2014, the court ruled that the four accused persons be given personal bond of kshs. 1,000,000 with two sureties of similar amount.  The accused person found the bond terms unaffordable considering his respective station in life.

3. Accordingly, they then made application to beseech the court to review the bond terms downwards, at any rate, to the terms affordable to them.

4. Having considered the matter, the court wish to review the terms as here below:

The personal bond is hereby reduced from Kshs. 1,000,000 to kshs. 500,000 with a one surety, instead of two, as earlier proposed.

5. It is so ordered.

6. However, the other terms of the bond remain the same.

Dated and delivered at KISII this 20th day of March, 2015.

C.B. NAGILLAH,

JUDGE.

In the presence of:

Kabui for the applicants.

No appearance for the respondent.

Edwin Mongare Court Clerk.