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Original judgment

Vincent Oori Otieno & 1 other v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION MISC. CRIMINAL APPL. NO. 259 OF 2016 VINCENT OORI OTIENO…………………………..................……..APPLICANT VERSUS REPUBLIC………………………………………………….……...RESPONDENT RULING I have considered the application and submissions by the Applicant, Respondent and the Interested Party. The offence with which the Applicant was charged is a misdemeanor. However, the court cannot also overlook the fact of the value of the subject motor vehicle which is the subject matter in the trial. The same is valued at Kshs. 5,110,000/=. However, I bear in mind that the Applicant is presumed innocent until proven guilty. Some of the arguments made before me are matters of evidence to be adduced in the trial and I need not analyze them in this ruling. Taking into account all factors mentioned above, I think that the bond terms given to the Applicant are reasonable. But since he is a Kenya Citizen with no chances of absconding, I will consider the application favourably. He shall pay a cash bail of Kshs. 200,000/= or deposit a bond of Kshs. 700,000/= with one surety of a similar amount to be assessed by the trial court. DATED and DELIVERED this 27th day of July, 2016 G.W. NGENYE-MACHARIA JUDGE In the presence of: 1. Applicant in person 2. Ms. Akuja for the Respondent

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