State v Benard (Criminal Case E019 of 2024) [2024] KEHC 5435 (KLR) (20 May 2024) (Ruling) Neutral citation: [2024] KEHC 5435 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL CASE E019 OF 2024 DO OGEMBO, J MAY 20, 2024 BETWEEN STATE ................................................................................................... PROSECUTION AND VICTOR OTIENO BENARD ...................................................................... ACCUSED RULING 1. The Prosecution is not opposing bail. No compelling reason has been shown. I order that the accused be released on bond on the following terms:a. A bond of Kshs. 500,000/= with one surety of a similar amount. b. An alternative of Kshs.100,000/= om cash bail. c. Accused is ordered not to interfere with or contact any prosecution witness till this matter is determined. d. If released on bail, accused is ordered to attend court at all time till this case is determined. Hearing on 9/7/2024. DATED, SIGNED AND DELIVERED ON THIS 20TH DAY OF MAY, 2024. D. O. OGEMBO JUDGE 20/5/2024 Ms. Onono We pray that we be supplied with witness statements. Further, the accused informs me that at the time of his arrest, his Ksh5,000/= was confiscated from him. We ask that he be given back. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5435/eng@2024-05-20 1
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Ms. Mumu I am informed by the Investigating Officer that the accused was arrested in Nairobi, by police officers when he was picked from Lucky Summer Police station. He did not have any money. He raised the issue at Ugunja police station, but on contacting the arresting officers at Lucky Summer police station, they stated they did not have his money. Ms. Onono In the circumstances, we leave the matter at rest. Court The accused is at liberty to follow up the issue with Lucky Summer police station. Statements to be provided. D. O. OGEMBO JUDGE 20/5/2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/5435/eng@2024-05-20 2
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