Republic v Oyombe & 2 others [2022] KEHC 16528 (KLR)

Republic v Oyombe & 2 others (Criminal Case 4 of 2017) [2022] KEHC 16528 (KLR) (15 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16528 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case 4 of 2017

RB Ngetich, J

December 15, 2022

Between

Republic

Prosecution

and

Evans Ochieng Oyombe

1st Accused

Benson Muhindi Matsanza

2nd Accused

Jackson Wainaina Kamau

3rd Accused

Ruling

1. This is a ruling on application dated July 6, 2022 filed by the 1st accused Evans Ochieng Oyombe, seeking reinstatement of bond. From the court record, the 1st accused’s bond was cancelled on July 31, 2019 by Justice Meoli for failing to attend court for trial and uttering fake documents.

2. Subsequently, the 1st accused made an application before Justice Mary Kasango for reinstatement of bond terms. The application was dismissed on November 18, 2021.

3. In the instant application, the 1st accused stated that he has been in custody since July 17, 2019 and he is remorseful and he now appreciates the importance of attending court.

4. The state counsel Mr Kasyoka did not oppose the application for bail.

5. Article 49 (1) (h) of the Constitutionprovide that an accused person is entitled to be released on reasonable bail terms unless there are compelling reasons.

6. The 1st accused while out on bond failed to attend court on July 3, 2019. Following his failure to attend court, the accused uttered a fake document from Texas Maximum Care to support his averments that he was undergoing minor surgery resulting in his absence in court. The letter was found to be a forgery upon probe by the court and the court proceeded to cancel the 1st accused’s bond.

7. In my view, the accused’s conduct after being released on bond; of failure to attend court and going ahead to utter false/fake document to explain absence is compelling reason to deny him bond. There are high chances that he may abscond trial. None attendance of court is a compelling reason to deny an accused bond.

8. Final orders: _1. Application for bond application dated July 6, 2022 is dismissed.2. The accused to remain in custody until hearing and determination of this suit.3. This matter to be on a priority basis.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 15TH DAY OF DECEMBER, 2022. ………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantsMr. Waweru holding brief for Juma for Accused 1Accused 1 – PresentMr. Kasyoka for State