Republic v Ongomo & 2 others [2024] KEHC 12924 (KLR)

Republic v Ongomo & 2 others (Criminal Case E025 of 2023) [2024] KEHC 12924 (KLR) (8 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12924 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case E025 of 2023

AC Bett, J

October 8, 2024

Between

Republic

Prosecutor

and

Dennis Mwimari Ongomo

1st Accused

Frankline Manye Wepo

2nd Accused

John Ekutu Okwaro

3rd Accused

Ruling

1. On 20th May 2024, the Court reduced the Accused 2’s cash bail to Ksh. 100,000/= from Ksh. 150,000/=. A further review to Ksh. 50,000/= has been opposed by the prosecution. I am inclined to agree with the prosecution that a review to Kshs. 50,000/= is too lenient and untenable.

2. Indeed, I have noted that some Accused persons disappear after paying cash bail. The Pre-sentence Report filed on 2nd October 2023 called for stringent bond terms. I note that the family of Accused 2 intends to relocate him to Bondo once he is out on bond. He will then be out of the immediate jurisdiction of the Investigating Officer herein.

3. The application for review of bond terms is therefore declined.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 8TH DAY OF OCTOBER 2024. A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Nafuye for the AccusedCourt Assistant: Polycap