REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CRIMINAL CASE NO. E014 OF 2020 REPUBLIC...................................................................PROSECUTOR -VSMWENYEHERI MGELE JEFA.................................1ST ACCUSED SHADRACK NYIRO RASI........................................2ND ACCUSED BERRNARD MASAI MWANGEKA........................3RD ACCUSED RULING 1. The accused persons herein applied for review of orders made on 16 th December 2010 denying them bond. Fresh pre-bail reports were called for and the same were filed on 14.9.2021. 2. This court has perused the pre-bail reports in respect of the accused persons and in consideration of the fear by the remaining civilian witnesses as to their safety, if the 1 st and 2nd accused persons are released before they testify, an order is hereby issued that once the remaining civilian witnesses testify on 25.11.2021, the 1 st and 2nd accused persons shall be released on a bond of Kshs. 500,000 each with a surety of similar amount. 3. For now they remain in custody at the Shimo la Tewa GK prison. 4. The 3rd Accused person may be released on bond of Kshs. 500,000 and a surety of a similar amount in consideration of the fresh pre-bail report which is favourable. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 17 TH DAY OF SEPTEMBER 2021 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ben- Court Assistant Ms. Keya for the State Mr. Were for the 1st Accused Mr. Otuoma for the 2nd Accused Ms. Ayieko for the 3rd Accused HON. LADY JUSTICE A. ONG’INJO
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JUDGE
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