[2024] KEHC 12924 (KLR)
The court declined the application for further reduction of the 2nd Accused's cash bail, finding that a reduction to Ksh. 50,000 would be too lenient and untenable in the circumstances. The court was persuaded by the prosecution's argument and the Pre-sentence Report, which called for stringent bond terms due to the...
Source-derived case information.
- Citation
- [2024] KEHC 12924 (KLR)
- Parties
- Applicant: Republic; Defendant: Dennis Mwimari Ongomo; Defendant: Frankline Manye Wepo; Defendant: John Ekutu Okwaro
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2023
- Procedural Posture
- Criminal Case / Ruling on Application for Review of Bond Terms
- Outcome
- application for review of bond terms declined
- Judges
- AC Bett
- Legal Topics
- Bail and Bond, Review of Bond Terms, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dennis Mwimari Ongomo
Defendant
Frankline Manye Wepo
Defendant
John Ekutu Okwaro
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Review of Bond Terms
Legal Issues
- 1 Whether the bond terms for the 2nd Accused should be further reduced from Ksh. 100,000 to Ksh. 50,000.
- 2 Whether the proposed reduction would undermine the objectives of bail and the administration of justice.
Ratio Decidendi
The court declined the application for further reduction of the 2nd Accused's cash bail, finding that a reduction to Ksh. 50,000 would be too lenient and untenable in the circumstances. The court was persuaded by the prosecution's argument and the Pre-sentence Report, which called for stringent bond terms due to the risk of the accused absconding, especially given the intention to relocate outside the jurisdiction. The court emphasized the need to balance the right to bail with the interests of justice and the likelihood of the accused attending trial.
Court Disposition
application for review of bond terms declined
Orders
- The application for review of bond terms for the 2nd Accused is declined.
- The cash bail remains at Ksh. 100,000 as previously set.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Ongomo & 2 others (Criminal Case E025 of 2023) [2024] KEHC 12924 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12924 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E025 of 2023
AC Bett, J
October 8, 2024
Between
Republic
Prosecutor
and
Dennis Mwimari Ongomo
1st Accused
Frankline Manye Wepo
2nd Accused
John Ekutu Okwaro
3rd Accused
Ruling
1. On 20th May 2024, the Court reduced the Accused 2’s cash bail to Ksh. 100,000/= from Ksh. 150,000/=. A further review to Ksh. 50,000/= has been opposed by the prosecution. I am inclined to agree with the prosecution that a review to Kshs. 50,000/= is too lenient and untenable.
2. Indeed, I have noted that some Accused persons disappear after paying cash bail. The Pre-sentence Report filed on 2nd October 2023 called for stringent bond terms. I note that the family of Accused 2 intends to relocate him to Bondo once he is out on bond. He will then be out of the immediate jurisdiction of the Investigating Officer herein.
3. The application for review of bond terms is therefore declined.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 8TH DAY OF OCTOBER 2024. A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Nafuye for the AccusedCourt Assistant: Polycap