Republic v Ronald Nyairo, Roselyne Karambu & David Njuguna [2015] KEHC 5880 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 53 OF 2014

REPUBLIC…………………………………PROSECUTOR/RESPONDENT

VERSUS

RONALD NYAIRO……………………….1ST ACCUSED/1ST APPLICANT

ROSELYNE KARAMBU……………….2ND ACCUSED/2ND APPLICANT

DAVID NJUGUNA……………………..3RD ACCUSED/3RD APPLICANT

RULING

The three accused persons were each released on bond of Kenya shillings one million (Kshs. 1,000,000) with one surety on 17th February 2015. The 2nd and 3rd accused persons who are said to be man and wife have now moved this court to review the bond terms and allow both to present one surety. They have told the court through their counsel Mr. Njuguna that they are not able to secure one surety for each of them since they come from the same family and that they will be using the same property as security. The state did not object to this application.

I have considered the matter and there being no compelling reason to decline granting this application, I hereby vary the terms of bond in respect of the 2nd and the 3rd accused persons to allow both of them to jointly post a bond of one million Kenya shillings with one surety of the same amount. They are reminded that the rest of the terms of the bond remain, that is to say that they shall not contact any of the prosecution witnesses before they have testified in court; they shall attend court whenever required to do so without fail and they shall also present themselves before the Deputy Registrar of this court every month for mention of their case until the hearing and determination of the case or until further orders of this court. Orders are made accordingly.

Dated, signed and delivered this 10th March 2015.

S. N. MUTUKU

JUDGE