Republic v Dennis Aswera, Amos Bichanga & Ben Bichanga Omwancha [2015] KEHC 6853 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.31 OF 2014

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

VERSUS

DENNIS ASWERA                       )

AMOS BICHANGA                      ) ….................................................................... ACCUSED

BEN BICHANGA OMWANCHA)

21/1/2015

Before J. Wakiaga, J.

Bibu – cc

Mr. Okenye for the Accused Persons

Mr. Majale for the State

1st Accused present

2nd Accused present

3rd Accused present

All Accused present

COURT

This matter is taken out and fixed for 18/2/2015 for notice to show cause why the accused persons should not be released on bond.  The State to file their affidavits if any before the said date and the probation officer in charge of Ogembo to prepare and file pre-bail report in respect of the 1st accused D A, 2nd accused AMOS BICHANGA and 3rd accused BEN BICHANGA OMWANCHA.  The accused persons to be produced in court on the said date.

Taking into account the fact that the 1st accused is a minor offender and the Children Act requires that he be tried within the six months if not the same be released on bond.  In conformity with the said statute and taking into account the fact that the matter might not be concluded as is required by the Law, I hereby order that the 1st accused be released on bond of Kshs.200,000/= with two sureties of similar amount.

The 1st accused shall during the period of his trial appear for mention before the D/R of this court once after every 30 days after 18/2/2015 at a date to be set by the said D/R.

The 1st accused should be enrolled in school immediately upon his release on bond and the evidence of the said enrollment produced to court on 18/2/2015 when the matter is scheduled for mention.

J. WAKIAGA

JUDGE

21/1/2015