Republic v Khayati [2022] KEHC 15571 (KLR) | Bail And Bond | Esheria

Republic v Khayati [2022] KEHC 15571 (KLR)

Full Case Text

Republic v Khayati (Criminal Case E039 of 2022) [2022] KEHC 15571 (KLR) (3 November 2022) (Directions)

Neutral citation: [2022] KEHC 15571 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case E039 of 2022

PJO Otieno, J

November 3, 2022

Between

Republic

Prosecutor

and

Evans Omoka Khayati

Accused

Directions

1. The court has listened to the Counsel for the defence and prosecution and even took the testimonies of two family members of the accused person on how they allegedly lost some Kshs 24,500. 00 to a person who offered to stand surety for the accused.

2. The totality of the testimonies given by the two and the address by the defence Counsel sum up that the conversation and payment of money took place at their home and not within the court precincts.

3. The interest of the court in seeking to hear the parties was informed by the impression created to the court that use of fake certificates of title is rampant and almost routine matter in this court. It was a concern to court and therefore the court was of the view that interviewing the victims of impropriety would shed some light with a view to the court system designing an appropriate deterrence mechanism.

4. My concerns are now rested that the negotiations on how to hire a surety were outside court even though the hired surety did present to court documents which have proved forged.

5. I however appreciate that the accused being in prison would not to have participated in the uttering of the questioned documents to court and I infer no wrong doing upon him to justify withholding his request to enjoy the bond terms already granted to him.

6. It is therefore directed that when accused procures an authentic surety, the same may be presented to the Deputy Registrar for purposes of being approved.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mbaka for the AccusedMs. Chala for the State/RespondentCourt Assistant: Polycap Mukabwa