State v Oduol & 4 others [2024] KEHC 4648 (KLR)

State v Oduol & 4 others (Criminal Case E012 of 2024) [2024] KEHC 4648 (KLR) (6 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4648 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E012 of 2024

DO Ogembo, J

May 6, 2024

Between

State

Prosecutor

and

Nicholas Omondi Oduol alias Nicky

1st Accused

Leon Otieno Odipo

2nd Accused

Samuel Owino Ouma alias Owisly

3rd Accused

Kevin Ochieng Omondi

4th Accused

Joanes Ochieng Ongar

5th Accused

Ruling

1. The two accused have applied to this court to be released on bail pending their trial. The prosecution has not opposed this application. Under Article 49 (1) (h) the right to bail is available to all accused persons irrespective of the nature of the charges that they face. The right to bail can only be denied where it is shown the existence of a compelling reason. No such compelling reason has been shown as to warrant a denial to the right to bail to the accused. In the absence of any compelling reason, I order that each of the accused may be released on bond on the following terms:-a.Each may be released on a bond of Ksh.500,000/= with one surety each of a similar amount.b.In the alternative, each may be released on a cash bail of Ksh.100,000/=.c.Accused are ordered not to interfere, intimidate and or contact any of the prosecution witnesses till this case is determined.d.Upon release, the accused are ordered to attend court at all times as may be ordered from time to time till this case is determined.

DATED, SIGNED AND DELIVERED THIS 6THDAY OF MAY, 2024. D. O. OGEMBOJUDGE6/5/2024CourtCase to be heard as fixed. Hearing 21/5/2024. D. O. OGEMBOJUDGE6/5/2024Accused 4I ask to be taken to hospital.CourtAccused 4 to be taken to hospital for treatment.D. O. OGEMBOJUDGE6/5/2024