Republic v Josephine Kwamboka Kinaro [2014] KEHC 312 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 89 OF 2012

REPUBLIC………………………………………………………………………………PROSECUTOR

VERSUS

JOSEPHINE KWAMBOKA KINARO……………………..…….........……………………..ACCUSED

RULING

This is an oral application made on 13th October, 2014 by counsel for the accused to review bond terms to make it affordable for the accused person.  The accused was charged for murder, contrary to section 203 as read with 204 of the penal code.  It is alleged that the accused Josephine Kwamboka Kinaro murdered James Kinaro Mauti on the 24th day of June, 2012 at Nyagesengi village, Boisanga 1 sub-location, Nyamira North District within Nyamira County in the Republic of Kenya.

The accused applied for bond before Justice Mureithi.  He granted bail to the accused in the following terms:-

The accused will deposit cash bail of kshs. 100,000 in court.

The Accused provide (1) surety in the sum of kshs. 300,000/-.

The accused shall not leave the jurisdiction of the court without leave of court.

The accused will attend the Deputy Registrar every 30 days pending hearing and determination of her trial.

The court’s review, on review application will be as follows:-

The cash bail of kshs. 100,000 is hereby cancelled as per court order (a) of the court order dated 13th June, 2013.

Order (b) thereof is reviewed upwards of kshs. 500,000 personal bond with (1) one surety of similar amount.

Order (c) and (d) remain operative.

It is so ordered.

Dated and delivered at KISII this 11th day of November, 2014.

C.B. NAGILLAH,

JUDGE.

In the presence of:-

Onyancha for Masese for the applicant.

Otieno for the state for the respondent.

Edwin Mongare Court Clerk.