[2017] KEHC 9713 (KLR)
The court held that the 1st applicant, being a Kenyan and facing only one count of trafficking in narcotics, should be admitted to bond on reasonable terms. The 2nd applicant, a foreign national facing multiple counts including being illegally in the country, should remain on the bond terms previously set by the...
Source-derived case information.
- Citation
- [2017] KEHC 9713 (KLR)
- Parties
- Applicant: Geoffrey Onchangu Ondieki; Applicant: Samuel Uche; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 286 & 288 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Bond Terms
- Outcome
- Bond granted to 1st applicant on new terms; bond terms for 2nd applicant maintained with additional conditions.
- Legal Topics
- Bail and Bond, Narcotics Offences, Immigration Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Onchangu Ondieki
Applicant
Samuel Uche
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bond Terms
Legal Issues
- 1 Whether the applicants are entitled to bond and under what terms.
- 2 Whether the bond terms for the 2nd applicant should be varied in light of additional charges.
Ratio Decidendi
The court held that the 1st applicant, being a Kenyan and facing only one count of trafficking in narcotics, should be admitted to bond on reasonable terms. The 2nd applicant, a foreign national facing multiple counts including being illegally in the country, should remain on the bond terms previously set by the trial magistrate, as they were deemed sufficient and appropriate given the risk of flight and seriousness of the charges. Additional conditions, including surrender of passport and regular reporting to the investigating officer, were imposed to mitigate flight risk and ensure compliance with court processes.
Court Disposition
Bond granted to 1st applicant on new terms; bond terms for 2nd applicant maintained with additional conditions.
Orders
- 1st applicant admitted to bond of Kshs. 1,000,000 with one Kenyan surety of similar amount, to be assessed by trial court.
- 2nd applicant to remain on bond of Kshs. 2,000,000 with two Kenyan sureties of similar amounts, as previously set.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NOs. 286 & 288 OF 2017
GEOFFREY ONGANGU ONDIEKI......1ST APPLICANT
SAMUEL UCHE.................................2ND APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
RULING
In view of the additional charges against both Applicants, I make the following orders:
1. The 1st Applicant herein, Geoffrey Onchangu Ondieki is only charged with one count of trafficking in Narcotics. Since he is not a foreigner, I admit him to a bond of Kshs. 1,000,000/= with one surety of a similar amount. The surety must be a Kenyan and shall be assessed by the trial court.
2. The 2nd accused, Samuel Uche faces two counts of trafficking in narcotic drugs and an additional charge of being illegally in the country. The bond terms granted to him by the trial magistrate are sufficient and I have no reason to vary them. For avoidance of doubt he remains on a bond of Kshs. 2,000,000/= with two sureties of similar amounts. The sureties must be Kenyans and shall be assessed by the trial court.
3. In addition, the 2nd accused Samuel Uche shall deposit his passport with the trial court and shall not leave the country unless with the express permission of the trial court.
4. If the 2nd accused meets the terms of bond, he shall be reporting to the investigating officer twice a month on days of the week to be agreed between himself and the investigating officer. A record of compliance with this order shall be kept by the investigating officer and filed with the trial court every three months.
5. This order applies to files, High Court Misc. Criminal App. Nos. 288 of 2017 and 286 of 2017.
Dated and delivered at Nairobi this 8th November, 2017.
G.W.NGENYE-MACHARIA
JUDGE
In the presence of;
1. 1st Applicant, Geoffrey Onchangu Ondieki present
2. 2nd Applicant, Samuel Uche present
3. M/s Sigei for the Respondent.