Republic v Obembi & 2 others [2023] KEHC 23346 (KLR)

Republic v Obembi & 2 others (Criminal Case E001 of 2023) [2023] KEHC 23346 (KLR) (13 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23346 (KLR)

Republic of Kenya

In the High Court at Busia

Criminal Case E001 of 2023

WM Musyoka, J

October 13, 2023

Between

Republic

Prosecution

and

Fred Otieno Obembi

1st Accused

James Otieno Onyango

2nd Accused

Evans Juma Oduor

3rd Accused

Ruling

1. On 7th March 2023, I granted the accused herein bond of Kshs. 500,000. 00, each, with 1 surety of like amount, each. Apparently, they are still in remand custody, for their bonds have not been processed. Mr. Ouma, their Advocate, asked, on 26th July 2023, for review of bond terms, arguing that the accused have been unable to meet the terms of bond. I called for pre-bail reports.

2. The probation office placed pre-bail reports in the file herein on 3rd October 2023. Those for the 1st and 2nd accused persons are favourable, but not that for the 3rd accused. The 3rd accused is said to be a flight risk, and likely to interfere with witnesses. He is said to have no formal previous criminal record, although he was engaged in criminal activity at community level.

3. The prosecution did not oppose review of bond terms. I have, in recent times, been imposing bond terms that are less stringent, and I do not see why this case should be an exception. Although there are reservations about the 3rd accused, nothing concrete has been placed on record.

4. I shall accordingly review their bond terms, from Kshs. 500,000. 00 to Kshs. 300,000. 00, each, supported by 1 surety of like amount, each. Orders accordingly.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 13TH DAY OF OCTOBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Fredrick Otieno, Probation Officer.AdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.Mr. Ouma, Advocate for the accused persons.