Criminal Case 40 of 2019 - Republic v Kasyoka (Criminal Case 40 of 2019) [2022] KEHC 529 (KLR) (Crim) (25 May 2022) (Ruling)

Republic v Kasyoka (Criminal Case 40 of 2019) [2022] KEHC 529 (KLR) (Crim) (25 May 2022) (Ruling)

Neutral citation: [2022] KEHC 529 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal Case 40 of 2019

DO Ogembo, J

May 25, 2022

    <div class="akn-div parties-listing">

          <div class="akn-div parties-separator">Between</div>

          <div class="akn-div party-listing">
            <div class="akn-div party-name">Republic</div>
            <div class="akn-div dotted">  </div>
            <div class="akn-div">Prosecution</div>
          </div>

          <div class="akn-div parties-separator">and</div>

          <div class="akn-div party-listing">
            <div class="akn-div party-name">Paul Ndolo Kasyoka</div>
            <div class="akn-div dotted">  </div>
            <div class="akn-div">Accused</div>
          </div>

    </div>

Ruling

1.The accused Paul Ndolo Kasyoka, has applied to this court seeking that this court do revise the terms of bail set herein. It has been submitted that since 26.2.2020, he has been unable to raise the terms set. He proposed that he be released on a revised sum of Kshs. 500,000/= with 1 surety.

2.The prosecution side have opposed this application basically on grounds that there has been no change of circumstances herein to warrant any review. And that the terms set are reasonable. It was urged that this application be dismissed.

3.I have considered the submissions of both sides herein. This is an application for revision of the orders of this court of 26.2.2022 on bail. In the said orders, this court placed the applicant on a bond of Kshs.2 million with 1 surety of a similar amount. The court made this ruling after due consideration of the circumstances of this case.

4.Whereas the court has not been shown any change of the circumstances herein, terms of bail are matters that lies in the discretion of the court. In view of the submissions made by counsel for the applicant, I revise the orders issued on 26.2.2020. The applicant may be released on a revised term of a bond of Kshs. 1 million with 1 surety of a similar amount. Orders accordingly.

D. O. OGEMBOJUDGE5.2022Court:Ruling read out in open court in the presence of the accused, counsel Ms. Ng’ania and Ms. Kimani for the state.D. O. OGEMBOJUDGEBefore Hon. D. Ogembo JKathomi court assistantAccused – presentMs. Ngania for accused – presentMs. Kimani for state – presentMs. KimaniThis matter is for hearing. We do not have a witness today. We expect them tomorrow. We ask for to proceed tomorrow.Ms. Ngania:This is a 2019 case. We would want to know how many are remaining. We need to move on with this case. Accused has right to expeditious hearing.Ms. Kimani:We expect 3 witnesses.Court:Case to proceed as fixed. Hearing 26.5.2022.D. O. OGEMBOJUDGE