[2025] KEHC 10225 (KLR)
The court found that the accused had been in custody for over a year and was unable to raise the surety required under the original bond terms. After considering the pre-bail report, the Bail–Bond Regulations, and the interests of justice, the court determined that it was appropriate to vary the bond terms to make...
Source-derived case information.
- Citation
- [2025] KEHC 10225 (KLR)
- Parties
- Applicant: Republic; Defendant: Bovine Oluoch Koyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bond Variation Application
- Outcome
- Bond terms varied in favour of the accused.
- Judges
- A Mabeya
- Legal Topics
- Murder Charge, Bail and Bond, Variation of Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bovine Oluoch Koyo
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Variation Application
Legal Issues
- 1 Whether the bond terms previously set for the accused should be varied in light of his inability to raise the surety and the period spent in custody.
- 2 Whether the interests of justice require a reduction of the bond amount.
Ratio Decidendi
The court found that the accused had been in custody for over a year and was unable to raise the surety required under the original bond terms. After considering the pre-bail report, the Bail–Bond Regulations, and the interests of justice, the court determined that it was appropriate to vary the bond terms to make them more attainable for the accused while still ensuring his attendance at trial. The bond was therefore reduced from Kshs.700,000/- to Kshs.400,000/- with a surety of a similar amount.
Court Disposition
Bond terms varied in favour of the accused.
Orders
- Bond terms for the accused are varied from Kshs.700,000/- to Kshs.400,000/- with a surety of a similar amount.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Koyo (Criminal Case E004 of 2024) [2025] KEHC 10225 (KLR) (17 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10225 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case E004 of 2024
A Mabeya, J
July 17, 2025
Between
Republic
Prosecution
and
Bovine Oluoch Koyo
Accused
Ruling
1. On 5/2/2024, the accused was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the night of 14/1/2024 and 15/1/2024 at Ogwedhi market, with others not before Court, he murdered Kennedy Otieno Okuoga.
2. At the time of taking plea, he applied for and was granted bond of Kshs.700,000/- with a surety of a similar amount. He has not been able to raise the surety.
3. On 25/6/2025, he applied that the bond terms be varied. This was opposed by Ms. Kagali, Prosecution Counsel. She further opposed any cash bail.
4. I have considered the application. I have considered that the accused has been in custody for over a year now. I have also considered the Pre-bail report that was prepared at the time he first applied for bail. I have considered the Bail – Bond Regulations.
5. In view of the foregoing, and in the interests of justice, I vary the bond terms from Kshs.700,000/- to Kshs.400,000/- and a surety of a similar amount.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 17TH DAY OF JULY, 2025. A. MABEYA, FCI ArbJUDGE