Aloo v Republic (Miscellaneous Criminal Application E092 of 2024) [2024] KEHC 16847 (KLR) (17 December 2024) (Ruling) Neutral citation: [2024] KEHC 16847 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CRIMINAL APPLICATION E092 OF 2024 DO CHEPKWONY, J DECEMBER 17, 2024 BETWEEN LAWRENCE ODHIAMBO ALOO ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. This matter is for mention for parties to confirm compliance of directions issued on the Notice of Mention Application dated 29th July, 2024. 2. I have perused the court record and confirm that Senior Principal Magistrate’s Court Criminal Case No. E917 of 2024, Republic v Stephen Ochieng Onyango and Fanuel Duro Odinga has been availed. 3. In this Application, the Applicant, Lawrence Odhiambo Aloo is seeking orders that: a. Spent; b. The Honourable Court be pleased to issue orders relieving the Applicant July, 2024. According to the Applicant, he surrendered his vehicle’s logbook to stand in as surety for the accused in Criminal Case No. E917 of 2024 at the Senior Principal Magistrate’s Court at Ruiru but the same has been substituted by a Title Deed No. Kisumu/Nyalunya/5777 belonging to one Erick Odinga. 4. The application is unopposed and a reading of the original record of proceedings in the Principal Magistrate’s Criminal Case No. E917 of 2024, Republic Versus Stephen Ochieng Onyango and Fanuel Duro Odinga, confirms that indeed on 23rd April, 2024, Erick Odinga deposited Title Deed No. Kisumu/Nyalunya/5777 as security for the release of Fanuel Duro Odinga. 5. In view of this, the Notice of Motion Application dated 29th July, 2024, is allowed with orders that: https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16847/eng@2024-12-17 1
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a. The Applicant be and is hereby unconditionally relieved of his duties as a surety of Fanuel Duro Odinga, the 2nd accused person in Criminal Case No. E917 of 2024 at the Senior Principal Magistrates Court, Ruiru. b. The Restriction enforced on the Applicant’s Motor Vehicle Log Book being number 201XXXX215 of Motor Vehicle Registration Number KCD XXXX Chassis Number VY1XXXX04 make Mazda be and is hereby lifted. c. Costs to be in the cause. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF DECEMBER, 2024. D.O CHEPKWONY JUDGE In the Presence of: Mr. Ochieng Counsel for Applicant Ms. Ndeda Counsel for Respondent Martin – Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16847/eng@2024-12-17 2
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