Republic v Omare & another (Criminal Case E1678 of 2025) [2026] KEMC 103 (KLR) (26 May 2026) (Ruling) Neutral citation: [2026] KEMC 103 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CRIMINAL CASE E1678 OF 2025 PA NDEGE, SPM MAY 26, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND PETER OMARE ...................................................................................... 1ST ACCUSED BRIAN KIMUTAI ALIAS CHURA ..................................................... 2ND ACCUSED RULING 1. The accused persons are jointly charged with 2 counts of the ofience of robbery with violence contrary to section 296(2) of the Penal Code. Upon taking plea, this court directed that they each may be released on a bond of Kshs. 60,000/- with 2 sureties of similar amounts. This court then called for a Pre-bail Reports. This is because the prosecution did not advance any compelling reasons to deny them bail as envisaged under Article 49(1)(h) of the Constitution of Kenya, 2010, which guarantees the right to be released on reasonable bond or bail terms unless there are compelling reasons to the contrary. This court now has the advantage of going through the pre-bail reports presented in respect to the accused persons. 2. The court has considered the serious nature of the ofience, the circumstances of arrest, and the prevalent of violence and criminal gangs within Rhonda area which is a matter of public policy and notoriety. The Report for the 1st accused person herein doubts his honesty to attend court throughout the trial process herein, if released on bail/bond. 3. Further, the victim herein appear to be in real fear, and the community has vowed to lynch or harm the 1st accused persons if released on bond. The local leadership and administration opposed his release on bond and he has no reliable surety. The Report concludes that the 1st accused is not suitable for release on bond or bail at this stage, and alternatively recommend for stringent bond/ bail terms. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/103/eng@2026-05-26 1
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4. The report for the 2nd accused, on the other hand, appears favorable for a review of the bond terms. I have however again noted that the victim herein still fears for her safety if the second accused is released on bail/ bond. That she lives in the same area with the 2nd accused and the Probation Oficer recommends that should he be released on bail/ bond, then he will have to relocate from Rhonda village. Orders 5. Noting the strong sentiments by the victim herein and the community, I find it safer to maintain the bond terms as set, with the condition of 2 sureties, who shall have to be vetted by the local Chief. Orders accordingly. DATED, SIGNED AND DELIVERED AT NAKURU THIS 26TH DAY OF MAY, 2026. ........................... ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Wangare. Prosecution Counsel: Macharia. 1st Accused: Present. 2nd Accused: Present. https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/103/eng@2026-05-26 2
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