Republic v Dennis Mwimari Ongomo & 2 others

Republic v Ongomo & 2 others (Criminal Case E025 of 2023) [2024] KEHC 12924 (KLR) (8 October 2024) (Ruling) Neutral citation: [2024] KEHC 12924 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE E025 OF 2023 AC BETT, J OCTOBER 8, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND DENNIS MWIMARI ONGOMO .......................................................... 1ST ACCUSED FRANKLINE MANYE WEPO ............................................................. 2ND ACCUSED JOHN EKUTU OKWARO .................................................................... 3RD ACCUSED RULING 1. On May 20, 2024, the Court reduced the Accused 2’s cash bail to Ksh. 100,000/= from Ksh. 150,000/ =. A further review to Ksh. 50,000/= has been opposed by the prosecution. I am inclined to agree with the prosecution that a review to Kshs. 50,000/= is too lenient and untenable. 2. Indeed, I have noted that some Accused persons disappear after paying cash bail. The Pre-sentence Report filed on 2nd October 2023 called for stringent bond terms. I note that the family of Accused 2 intends to relocate him to Bondo once he is out on bond. He will then be out of the immediate jurisdiction of the Investigating Officer herein. 3. The application for review of bond terms is therefore declined. DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 8TH DAY OF OCTOBER 2024. A. C. BETT JUDGE In the presence of: Ms. Chala for the Prosecution https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12924/eng@2024-10-08 1

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