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Original judgment

Republic v Yunus Athman

Republic v Athman (Criminal Case E011 of 2022) [2023] KEHC 1974 (KLR) (2 March 2023) (Ruling) Neutral citation: [2023] KEHC 1974 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E011 OF 2022 ACA ONG’INJO, J MARCH 2, 2023 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND YUNUS ATHMAN ........................................................................................ ACCUSED RULING 1. The accused herein PC Yunus Athman was granted bond of Kshs1,000,000/= with one Surety of similar amount or bond of Kshs 500,000/= with 2 sureties of similar amount. Other conditions were also attached to the bond terms. On February 7, 2023 Mr Wangila Advocate for accused made an application for review of bond terms for reasons that the accused was unable to secure sureties. 2. The investigating officer James Njuru swore an affidavit seeking that accused persons bond be revoked as he is suspected of having been involved in the murder of the key witness herein and is going to interfere with witnesses. 3. This court has considered the application for review of bond terms and find that they are reasonable considering the ofience the accused is alleged to have committed. This court will however not revoke bond terms granted so far as it is not privy to the investigations and/or trial on the murder of the key prosecution witness and cannot attribute it to the accused in absence of evidence. DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 2ND DAY OF MARCH 2023 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of:Ogwel- Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1974/eng@2023-03-02 1

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Mr. Ngiri for State Mr. Wangila Advocate for accused Mr. Sadika Advocate hold brief Hon. Lady Justice A. Ong’injo Judge Order : Hearing - 23/3/2023, 28/3/2023 29/3.2023 Hon. Lady Justice A. Ong’injo Judge https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1974/eng@2023-03-02 2

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