Gwaro v Ofice of the Director of Public Prosecutions (ODPP) & 3 others (Judicial Review E008 of 2025) [2025] KEHC 19641 (KLR) (29 January 2025) (Ruling) Neutral citation: [2025] KEHC 19641 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KWALE JUDICIAL REVIEW E008 OF 2025 F ANDAYI, J JANUARY 29, 2025 BETWEEN PAMINUS KIAGE GWARO .................................................................... APPLICANT AND OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS (ODPP) ............................................................................................. 1ST RESPONDENT CHIEF REGISTRAR OF THE JUDICIARY & 2 OTHERS & 2 OTHERS & 2 OTHERS & 2 OTHERS ................................................................ 2ND RESPONDENT RULING 1. On 23rd December 2025, this court made an order that in the various criminal cases E303/2025, E304/2025, E312/2025, E304/2025, E312/2025, E313/2025, E314/2025 and E315/2025 facing the applicant at the Kwale Magistrates' courts and arising out of one common transaction, that he could be released on consolidated bond terms. The court then ordered that before it could consider the question of reviewing the bond terms a bail report be provided by the Probation and Aftercare department. A bail report review dated 12th January 2026 has been filed in court. 2. The report indicates that the applicant appreciates the seriousness of the charges he is facing. He is facing similar charges in Nairobi, Milimani Magistrate's Court Cr. Case. No. 1891 of 2018 Republic v. Collins Rodgers Magak & Perminus Kiage Gwaro. He absconded attending court upon being released on bond and a warrant of arrest was issued on 25th May 2022. He was rearrested and is now in custody. His wife informed the probation officer that the applicant failed to attend court in that matter due to hospitalization following complications from Covid 19 infection. 3. The report indicates further that some of the victims of the ofience in the various cases he faces at Kwale Magistrates' Courts are opposed to review of bond terms for reasons that he is notorious (it is not stated for what) and he had previously declined to engage in negotions in spite of their willingness https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19641/eng@2025-01-29 1
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to engage in the matter amicably over an extended period and that he is also a flight risk. They also expressed fears that he may commit similar ofiences if released. 4. However, one of the complainants indicated that he had no objection to the review of bond terms for the applicant if the applicant's intention is to facilitate compensation to them as his primary concern was the refund of his money and should the applicant commit to the same, he would be willing to withdraw his case against him. 5. The local administration represented by the area chief indicated that it was opposed to the review of the bond terms for the applicant in order to discourage possible recurrence of the ofience while the investigating officer had no objection to the same. Members of his family described him as calm, responsible and hardworking. They also expressed willingness to stand or get sureties to stand for the applicant should the bond terms be reviewed. 6. The probation officer did not make any definitive recommendation on whether ot not the review could be done and that was in order because the work of the probation officer in such a case is to gather and bring to the court relevant information as would assist the court to reach a fair determination of the matter. The report herein exhaustively provides that information. 7. In the case of Martin Murathi Muriria v Republic [2016] KEHC 7664 (KLR) which presented similar circumstances to the present one where the applicant was faced with multiple charges and applied to the High Court for consolidation of bond terms, the court G.W. Ngenye Macharia (as she then was) said thus: “ I have considered the nature of the ofiences with which the Applicant is charged. It is a cardinal principal in the criminal justice that an accused is presumed innocent unless otherwise proven guilty. The terms of bail or bond granted to an accused should never at any given time be punitive. Whereas I have already ruled that the terms of each respective case are reasonable, given that the Applicant faces numerous court matters, particularly in the respect of the surety bond, he may not be in a position to bail himself out. It is only just that the bail terms be consolidated with respect to the cases filed at Milimani Law Courts." 8. The court then proceeded to order inter alia that: a. In Cr. Case No. 1447 of 2013 (City Court), I release him on a cash bail of Ksh. 400,000/ or a bond of Ksh. 800,000/ with one surety of a similar amount. b. Bond terms in respect to Cr. Cases No. 1448 and 593 of 2014, Cr. 1778 and 256 of 2011 and Cr. 1212 of 2012 are hereby consolidated. He shall pay a cash bail of Kshs. 500,000/= or a bond of Kshs. 1 million with one surety of a similar amount ..." 9. In that case, one of the cases before the magistrates' courts was proceeding in a court located away from the other courts and the High Court found that it would be inconvenient to consolidate the bond terms with the others where the courts were located in one place. 10. I have considered the bail report. It recommends that the court may review the bond on terms it deems appropriate. The court hereby reviews the bond terms in Kwale Magistrates Court in Criminal Case Nos E303/2025, E304/2025, E312/2025, E304/2025, E312/2025, E313/2025, E314/2025, E315/2025 to provide that in all the cases the applicant may be released on consolidated bond terms of KShs 500,000/= with two sureties of a like sum and this will apply to all the said cases. The Deputy Registrar of this court shall examine the applicant's sureties for suitability. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19641/eng@2025-01-29 2
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11. Mention on 19th February 2026 at 11.30 a.m. for further directions on prosecution of the remaining prayers for JR. 12. Orders accordingly. DATED, SIGNED AND DELIVERED ON THE COURT VIRTUAL PLATFORM, TEAMS THIS 29TH DAY OF JANUARY 2025 In the presence of: Seif (Ms) for the applicant Vallerie for the 1st respondent N/A for the 2nd respondent N/A for the 3rd respondent N/A for the Interested Parties Ummu - Court Assistant SIGNED BY/FOR: HON. JUSTICE ANDAYI W.F. THE JUDICIARY OF KENYA. KWALE HIGH COURT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19641/eng@2025-01-29 3
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