Vinord Douglas Obala v Republic [2016] KEHC 1369 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL APPLICATION NO. 69 OF 2016

(CORAM: J.A. MAKAU – J)

VINORD DOUGLAS OBALA ……...…………… APPLICANT

VERSUS

REPUBLIC………….………………………… RESPONDENT

RULING

The applicant is charged with seven (7) counts.  Count I:  is Stealing contrary to Section 275 Penal Code, whereas Counts II, III and IV: are Forgery contrary to Section 349 of the Penal Code.  Count V, VI and VII: are Conspiracy contrary to Section 317 of the Penal Code.

The trial Court  granted the applicant bond term of KShs.3 million with two sureties of the KShs.3 million each or cash bail of KShs. 1. 5 million.  The Applicant in this application prays that  bond terms  be reviewed on the grounds that the applicant is unable to meet the bond terms.  Mr Gesire Learned State Counsel opposed the same.

I have very carefully considered the bond terms and the charges the accused is facing and in which substantial amount is mentioned in count II being KShs.15,245,000, Count III, being KShs.13,468,427/50, Count IV being KShs.18,787,425/65, Count V being KShs.15,245,000/=, Count VI, being KShs.13,468,427/50 and Count VII being KShs.18,787,425/65 and the sentence that may be imposed if the applicant is convicted.  The applicant has not demonstrated why the bond terms should be varied nor has he demonstrated the same are not reasonable.

In view of the foregoing I find no reasons why I should interfere with the terms of bond.  The same as granted are reasonable.

Accordingly the application is without merits and is dismissed.

DATED AND SIGNED AT SIAYA THIS   24TH DAY OF OCTOBER, 2016.

J.A. MAKAU

JUDGE

DELIVERED THIS 24TH  DAY OF OCTOBER, 2016.

IN OPEN COURT IN THE PRESENCE OF:

APPELLANT ABSENT

MR. GESIRE FOR STATE

C.A. 1. K. ODHIAMBO

2. L. ATIKA

J.A. MAKAU

JUDGE