Republic v Eddlied Mandi Jilani,Makonde Ruwa Buni,Ngaira Karisa Charo & Katana Karisa Charo [2020] KEHC 9101 (KLR)

THE REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MOMBASA

CRIMINAL CASE NO. 24 OF 2018

REPUBLIC...........................................................................PROSECUTOR

VERSUS

1. EDDLIED MANDI JILANI

2. MAKONDE RUWA BUNI

3. NGAIRA KARISA CHARO

4. KATANA KARISA CHARO...................................................ACCUSED

RULING ON BOND

The Background

1. The background to this Ruling on bond is to be found in the considered Ruling of this court on record dated 20/09/2018.  In that Ruling and for the reasons stated thereon this court denied the accused persons bond.  The accused persons have been attending trial herein while in custody.

2. The circumstances which caused the court to deny the accused persons bond have since changed.  This court had earlier considered the possibility of the 3rd accused person entering a plea bargain with the prosecution, and thereby needing to be protected as a witness.  That is now not the case.  All the three accused persons now stand pari-passu to each other and to the charges against them.  There is no longer a need to protect one of them as a witness.

3. I re-state the Ruling herein dated 20/9/18 except that I now discount the existence of any factors denying the accused persons bond.  Accordingly, all the three accused persons herein are hereby admitted to bond on the following terms:

(i) The accused persons shall each execute personal bond of Kshs. Seven Hundred Thousand (Kshs. 700,000/=) with two sureties of similar amount.

Dated, Signed and Delivered at Mombasa this 22nd day of January, 2020.

E. K. OGOLA

JUDGE

In the presence of:

Mr. Magolo for 1st Accused

Mw. Wamotsa for 2nd accused

Mr. Fedha holding brief Kemo for DPP

3rd Accused in person

Mr. Kaunda Court Assistant