REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. E045 OF 2024 REPUBLIC---------------------------------------------------------- PROSECUTION VERSUS COLLINS OKOTH OUGO Alias GATUSO--------------------1ST ACCUSED SYLVIA AOKO ODHIAMBO ----------------------------------2ND ACCUSED RULING The court has heard the Plea by the 2 nd Accused Sylvia Aoko Odhiambo for reduction of the Bond from Ksh 1 Million to a lesser sum. The accused through counsel has told this court that the family is unable to raise a bond of Ksh. 1 million and proposed a sum of Ksh. 100,000/= The prosecution is opposed to the application and states that the offence is serious thus the court should not be inclined to review the terms. The court is alive to the fact that the personal circumstances of an accused person are a factor to consider in setting bail terms. NAIROBI HC CR CASE E 045 OF 2024 – Republic –vs- Collins Okoth Ougo Alias Gatuso & Ano. 1
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It is a fact that her co-accused was able to meet the terms and is now out on Bond. The court acknowledges that there cannot be situation where all accused persons are assessed at the same level in terms of economic ability to raise bail terms more so where one alleges to be of lesser means as the 2 nd Accused has done. Article 49 of the Constitution was enacted to ensure that persons facing trial can be able to access bail and face trial while they continue enjoying their liberty since they are presumed to be innocent until proven guilty. The 2 nd Accused has passionately through counsel pleaded with the court and this court is minded to review the bond of Ksh 1 million downwards. The 2nd Accused shall be admitted to a bond of Ksh. 500,000/= plus all the other terms and conditions earlier on imposed. The 2nd Accused did not file an affidavit of means therefore this court doing the best it can in the circumstances finds that a bond of Ksh. 500,000/= in addition to the other conditions earlier on imposed would be sufficient considering the gravity of the offence she faces. It is so ordered. NAIROBI HC CR CASE E 045 OF 2024 – Republic –vs- Collins Okoth Ougo Alias Gatuso & Ano. 2
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DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 21st day of APRIL, 2026. A. M. MUTETI JUDGE In the presence of: Habiba: Court Assistant Ms Njoroge for State Omenge for 1st Accused Kamau Waweru for 2nd Accused Nguono for the family 2nd Accused Present NAIROBI HC CR CASE E 045 OF 2024 – Republic –vs- Collins Okoth Ougo Alias Gatuso & Ano. 3
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NAIROBI HC CR CASE E 045 OF 2024 – Republic –vs- Collins Okoth Ougo Alias Gatuso & Ano. 4
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