[2024] KEHC 8389 (KLR)
The court found that the pre-bail report was favourable to the 4th accused, indicating that his previous failure to attend court was due to a back injury and the illness of his surety. There was no evidence of deliberate absconding or risk of flight. In the absence of compelling reasons to deny bail, and considering...
Source-derived case information.
- Citation
- [2024] KEHC 8389 (KLR)
- Parties
- Applicant: Republic; Defendant: Kevin Ochieng Odoyo & 3 others (specifically Jack Otieno Oriyo as 4th accused)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2020
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- 4th accused re-admitted to bail.
- Judges
- MS Shariff
- Legal Topics
- Bail Application, Bail Conditions, Failure to Attend Court, Surety Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kevin Ochieng Odoyo & 3 others (specifically Jack Otieno Oriyo as 4th accused)
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the 4th accused, having previously jumped bail, should be re-admitted to bail.
- 2 Whether the circumstances presented in the pre-bail report justify re-admission to bail.
Ratio Decidendi
The court found that the pre-bail report was favourable to the 4th accused, indicating that his previous failure to attend court was due to a back injury and the illness of his surety. There was no evidence of deliberate absconding or risk of flight. In the absence of compelling reasons to deny bail, and considering the accused's medical condition and the circumstances of the surety, the court exercised its discretion to re-admit the 4th accused to bail on the same terms as before, namely Kshs.500,000 with two sureties of similar amounts.
Court Disposition
4th accused re-admitted to bail.
Orders
- The 4th accused is hereby re-admitted to bail of Kshs.500,000 and two sureties of similar amounts.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Odoyo & 3 others (Criminal Case 2 of 2020) [2024] KEHC 8389 (KLR) (11 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8389 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 2 of 2020
MS Shariff, J
July 11, 2024
Between
Republic
Prosecution
and
Kevin Ochieng Odoyo & 3 others
Accused
Ruling
1. Whereas the 4th accused person Jack Otieno Oriyo had earlier been admitted to bail, he had jumped bail thus leading his committal to custody pending hearing.
2. On 6. 6.2024 this court directed that a fresh pre-bail report be prepared and filed herein on 8th July 2024.
3. This court has considered the said report and note that the same is favourable to the accused as it is indicated that he sustained a back injury while excavating a pit and he was undergoing treatment by traditional healers, while his surety was said to have been sick and ailing.
4. In light of the above the 4th accused is hereby re-admitted to bail of Kshs.500,000 and two sureties of similar amounts.
DATED, SIGNED AND DELIVERED THIS 11TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE