State v Onyango & 3 others (Criminal Case E015 of 2023) [2026] KEHC 117 (KLR) (19 January 2026) (Ruling) Neutral citation: [2026] KEHC 117 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL CASE E015 OF 2023 DK KEMEI, J JANUARY 19, 2026 BETWEEN STATE ................................................................................................... PROSECUTION AND LAMECK SULWE ONYANGO ............................................................. 1ST ACCUSED CALVINCE PETER OMONDI WAMO ............................................... 2ND ACCUSED KELVIN ONYANGO OCHIENG ......................................................... 3RD ACCUSED CALEB WASONGA WAGA .................................................................. 4TH ACCUSED RULING 1. All three accused persons herein have been charged with an ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars are that on diverse dates of 24th and 27th May 2023 at Atilili village, Bar Kowino Sub Location, Bondo town Location, Bondo Sub County within Siaya County jointly with others not before court murdered one Allan Otieno Onyango. 2. Upon the entry of plea in which the accused persons denied the charges, this court proceeded to grant each of the accused persons a bond of Ksh500,000/= plus one surety of similar amount or an alternative cash bail of Ksh100,000/=. Apparently, all the accused persons except the 3rd accused have managed to post bail. Later the 1st accused passed on while the 2nd accused’s surety later withdrew and therefore currently it is the 2nd and 3rd accused who are in custody while the rest are out on bond. 3. On the 7/10/2025, learned counsel for the 3rd accused sought for review of bond for the said 3rd accused as well as the 2nd accused as they have not managed to post bail. Learned counsel urged the court to allow each of the two accused persons to deposit cash bail of Ksh50,000/= and that they undertake to attend court without fail. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/117/eng@2026-01-19 1
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4. Learned counsel for the prosecution submitted that the orders on bail should be maintained and further added that the previous pre-bail reports were not favourable for the accused persons. It was finally submitted that the bond terms already set are sufficient. 5. I have considered the request for review of bond. I have also perused the previous pre-bail report that had been filed and I find the same favourable. However, the bond terms earlier set are reasonable and that the accused is directed to secure sureties to stand for him if he is unable to post the cash bail of Ksh100,000/=. It is instructive that this is a serious ofience which attracts severe sentence upon conviction and therefore it is proper that the accused avails a surety. 6. In the result, the request for review of bond pending trial is declined. The accused persons should abide by the earlier bond terms. DATED AND DELIVERED AT SIAYA THIS 19TH DAY OF JANUARY 2026. D. KEMEI JUDGE In the presence of : Calvince Peter Omondi.….2nd accused. Kelvin Onyango Ochieng……3rd accused. Ooro F…..for both accused. Soita………..for Respondent. Maureen/Kimaiyo….Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/117/eng@2026-01-19 2
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