Stephen Shunge Kiarie v Republic

Kiarie v Republic (Miscellaneous Criminal Application E024 of 2024) [2024] KEHC 7174 (KLR) (27 May 2024) (Ruling) Neutral citation: [2024] KEHC 7174 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CRIMINAL APPLICATION E024 OF 2024 DO CHEPKWONY, J MAY 27, 2024 BETWEEN STEPHEN SHUNGE KIARIE ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The matter is for mention for parties to highlight their respective submissions on the Notice of Motion application dated 22nd February, 2-24 in which the Applicant has sought a reduction of the bail/bond terms that were granted to him by the court. 2. The Applicant is seeking for a reduction of the bond terms from Kshs.50,000/= to Kshsl.10,000/=. He states that his family cannot afford to raise the said sum of Kshs.50,000/= as bail for his release. 3. Having listened to the Applicant and Respondent’s counsel, I have also read through the original Record of Proceedings and established that the accused is facing three (3) Counts, two of which are of serious nature. 4. The Applicant is charged with the offences of Being in Possession of the Ammunition and ID Cards belonging to different people. Clearly, without any explanation or evidence of what he engages in the offences deposit a person who could be involved in suspicious conduct. 5. For holding ID Cards which belong to other people, it is clear that the likelihood of the Applicant absconding being high. It is therefore not even recommended that he be released on cash bail, more so, in the sums and terms he has proposed. 6. This court thus declines to grant the prayer sought in the application and proceeds to order that the accused be released on a bond of Kshs.50,000/= with one surety of a similar amount. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7174/eng@2024-05-27 1

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