[2023] KEHC 23346 (KLR)
The court found that the accused persons had been unable to meet the initial bond terms of Kshs. 500,000 each with one surety. Pre-bail reports for the 1st and 2nd accused were favourable, while the 3rd accused was noted as a potential flight risk and likely to interfere with witnesses, though no concrete evidence...
Source-derived case information.
- Citation
- [2023] KEHC 23346 (KLR)
- Parties
- Applicant: Republic; Defendant: Fred Otieno Obembi; Defendant: James Otieno Onyango; Defendant: Evans Juma Oduor
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- bond terms reviewed and reduced
- Judges
- WM Musyoka
- Legal Topics
- Bail and Bond, Pretrial Release, Judicial Discretion, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fred Otieno Obembi
Defendant
James Otieno Onyango
Defendant
Evans Juma Oduor
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms previously set for the accused persons should be reviewed to less stringent terms.
- 2 Whether the 3rd accused poses a flight risk or is likely to interfere with witnesses.
Ratio Decidendi
The court found that the accused persons had been unable to meet the initial bond terms of Kshs. 500,000 each with one surety. Pre-bail reports for the 1st and 2nd accused were favourable, while the 3rd accused was noted as a potential flight risk and likely to interfere with witnesses, though no concrete evidence was presented. The prosecution did not oppose the review. The court, noting its recent practice of imposing less stringent bond terms and the lack of concrete evidence against the 3rd accused, exercised its discretion to reduce the bond terms to Kshs. 300,000 each with one surety of like amount.
Court Disposition
bond terms reviewed and reduced
Orders
- Bond terms for each accused are reviewed from Kshs. 500,000 to Kshs. 300,000, each, with one surety of like amount.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Obembi & 2 others (Criminal Case E001 of 2023) [2023] KEHC 23346 (KLR) (13 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23346 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E001 of 2023
WM Musyoka, J
October 13, 2023
Between
Republic
Prosecution
and
Fred Otieno Obembi
1st Accused
James Otieno Onyango
2nd Accused
Evans Juma Oduor
3rd Accused
Ruling
1. On 7th March 2023, I granted the accused herein bond of Kshs. 500,000. 00, each, with 1 surety of like amount, each. Apparently, they are still in remand custody, for their bonds have not been processed. Mr. Ouma, their Advocate, asked, on 26th July 2023, for review of bond terms, arguing that the accused have been unable to meet the terms of bond. I called for pre-bail reports.
2. The probation office placed pre-bail reports in the file herein on 3rd October 2023. Those for the 1st and 2nd accused persons are favourable, but not that for the 3rd accused. The 3rd accused is said to be a flight risk, and likely to interfere with witnesses. He is said to have no formal previous criminal record, although he was engaged in criminal activity at community level.
3. The prosecution did not oppose review of bond terms. I have, in recent times, been imposing bond terms that are less stringent, and I do not see why this case should be an exception. Although there are reservations about the 3rd accused, nothing concrete has been placed on record.
4. I shall accordingly review their bond terms, from Kshs. 500,000. 00 to Kshs. 300,000. 00, each, supported by 1 surety of like amount, each. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 13TH DAY OF OCTOBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Fredrick Otieno, Probation Officer.AdvocatesMrs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.Mr. Ouma, Advocate for the accused persons.