Republic v Lyko Osuri

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CRIMINAL CASE NO 16 OF 2019 REPUBLIC....PROSECUTOR VERSUS LYKO OSURI........ACCUSED RULING Lyko Osuri is charged with Murder of Beryl Adhiambo Ouma deceased. He pleaded not guilty and is awaiting his trial. On 6th June 2019 the court granted the Accused bail pending trial on the following terms: (a) The Accused to execute a bond of KShs.500,000 and to furnish three sureties for the sum of KShs.300,000 each. (b) The Accused to deposit into court his Kenyan passport to be retained during the pendency of the trial. (c) The Accused will attend monthly mentions before the Deputy Registrar until further orders of the court. (d) The Accused may not directly or through proxy or in any manner attempt to reach out to or communicate with any of the prosecution’s witnesses. (e) The Accused’s bond will be liable to cancellation if the Accused violates conditions (c) and (d) above. There is an affidavit dated 19th August 2020 filed in this matter by Douglas Ouma Nyakach the father of the deceased. The depositions in that affidavit are very damning to the Accused in that the deponent alluded to Accused having violated the terms of his bail. It is unfortunate that when I asked both counsel for the state and for the Accused to respond to the affidavit only the Accused gave information relating to the allegations in that affidavit. The state despite the matter being adjourned to enable for comment on it did not file any response. The deponent of the affidavit referred to the investigating officer of this case, Nicholas Kwanyoike as having knowledge and witnessed that violation of bail terms by the accused. Because this court takes very grave view of what is alleged at the reading of this Ruling I will require the Director of Public Prosecution (DPP) to respond to the deceased’s father’s affidavit. Further directions will be given by the court at the reading of this Ruling. SIGNED AND DELIVERED VIRTUALLY THIS 10TH DAY OF DECEMBER 2020. MARY KASANGO JUDGE 10th December 2020 Before Justice Mary Kasango C/A: - Kevin

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