Francis Yele & 1 other v Republic /odpp

Yele & another v Republic /ODPP (Criminal Revision E070 of 2025) [2025] KEHC 19515 (KLR) (19 September 2025) (Ruling) Neutral citation: [2025] KEHC 19515 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR CRIMINAL REVISION E070 OF 2025 PJO OTIENO, J SEPTEMBER 19, 2025 BETWEEN FRANCIS YELE .................................................................................. 1ST APPLICANT GEOFREY AKURE ............................................................................ 2ND APPLICANT AND REPUBLIC /ODPP ............................................................................... RESPONDENT RULING 1. The court has perused the request for revision of the orders of 9/6/2025 in line with the court record for that date. 2. The record shows that once the plea of ‘‘Not Guilty’’ was entered, the accused persons were admitted to a personal bond of Kshs. 500,000 with two sureties each, in the same sum. 3. The grounds put forth for revision of the terms downwards is that the same are excessive and that the two applicants are not a flight risk. 4. The court proceeds from the stand point that bond is constitutional right but the imposition of the terms are in the realm of judicial discretion. 5. It takes a very strong case for a supervising court whether on appeal or revision, to interfere with an order made pursuant to exercise of judicial discretion. It is never enough that the supervising court would have given more or less severer terms. The applicant must demonstrate that the terms are so onerous as to defeat the right to bond. 6. Looking at the charges facing the applicant, the possible penalty in case of a conviction and the general policy against possession of wildlife trophies as a deliberate effort to protect our wildlife, the court discerns no harsh or excessive term in the bond terms given. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19515/eng@2025-09-19 1

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