Republic v Lukusi Lesingiran [2016] KEHC 7055 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

HCCR. NO.  11 OF 2015

REPUBLIC…………………STATE COUNSEL

VERSUS

LUKUSI LESINGIRAN……ACCUSED

RULING

The accused LUKUSI LESINGIRAN is facing a murder charge.  His case file was previously before Nyeri High Court and on Nanyuki High Court being inaugurated as the first High court in Laikipia County, the court file was transferred to Nanyuki High Court for hearing and determination.

The accused, when his matter was before Nyeri High, applied for bail pending trial.  That court  by its Ruling delivered on 27th June, 2014 granted bond on the following terms:

Bond of Kshs. 500,000/= with three sureties of similar amount

During the period of his trial the accused person to attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the same Deputy Registrar .

The accused person shall not leave the jurisdiction of this court without obtaining written consent of the Deputy Registrar of this court.

It seems the accused was unable to meet those bond terms because he is still in custody.

When the matter came up before me for purpose of fixing a hearing date the case was fixed for hearing today.   Appellant nonetheless sought review of the bond terms.

The Learned Judge who set the above bond terms had the benefit of a pre-bail report from the probation officer and in seeking review of the bail terms accused failed to state what circumstances have changed to warrant review.

The above being so and because the work of this new High Court is still manageable and hearing dates available  and because accused is facing a serious charge of murder I decline to review the bond terms.

The case will today proceed for hearing.

Dated and Delivered at Nanyuki this 9TH February, 2016

MARY KASANGO

JUDGE

CORAM

Before Justice Mary Kasango

Court Assistant Kiruja

Mr. Tanui for the state

Mr.Chweya for the accused

Court

Ruling delivered in open court

MARY KASANGO

JUDGE