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|Case Number:||Criminal Revision E010 of 2020|
|Parties:||Joel Ouma Jonyo v Republic|
|Date Delivered:||05 Nov 2020|
|Court:||High Court at Migori|
|Judge(s):||Roseline Pauline Vunoro Wendoh|
|Citation:||Joel Ouma Jonyo v Republic  eKLR|
|Case Outcome:||Revision dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL REVISION E010 OF 2020
JOEL OUMA JONYO.............................................APPLICANT
I have considered the request made by Mr. Ezra Awino Advocate, for revision of the order made by Hon. Maritim on 28th October, 2020. The accused Joel Ouma Jonyo alias Baba Owino faces a charge of defilement contrary to Section 8(1) of the Sexual Offences Act.
The trial court granted the accused bond of Kshs. 200,000/= with one surety of the same amount. Somebody came to stand surety for the accused but the court declined to approve the said surety after assessing him as to his suitability as a surety.
The court has not denied accused bond as counsel has alleged. It is upon the accused to avail a surety who is acceptable to the court. It is the trial court that examines the surety to determine his suitability. The accused faces a serious offence. In evaluating a surety, the primary consideration by the court is to be satisfied that the surety will be able to avail the accused at the trial. This court will not interfere with the court’s discretion to determine whether the surety is suitable or not. The court may interfere in the exercise of the Court’s discretion only if accused had been unfairly denied bond or given unreasonable bond terms.
In the circumstances, I find no good reason to interfere with the discretion of the magistrate in determining who is a suitable surety. I decline to review the magistrate’s order.
DELIVERED, DATED and SIGNED at MIGORI this 5th day of November, 2020