Criminal Case E004 of 2021

Case Metadata
Case Number:	Criminal Case E004 of 2021
Parties:	Prosecutor v Muthani & 3 others
Date Delivered:	09 Nov 2022
Case Class:
Court:	High Court at Nairobi (Milimani Law Courts)
Case Action:	Ruling
Judge(s):	Daniel Ogola Ogembo
Citation:	Prosecutor v Muthani & 3 others (Criminal Case E004 of 2021) [2022] KEHC 15009 (KLR) (Crim) (9 November 2022) (Ruling)
Advocates:	Ms. Kimani for State, Bosire for 2nd and 3rd Accused
Court Division:	Criminal
County:	Nairobi
Advocates:	Ms. Kimani for State, Bosire for 2nd and 3rd Accused
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

Case Metadata

Case Number:

Parties:

Prosecutor v Muthani & 3 others

Date Delivered:

09 Nov 2022

Case Class:

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Daniel Ogola Ogembo

Citation:

Prosecutor v Muthani & 3 others (Criminal Case E004 of 2021) [2022] KEHC 15009 (KLR) (Crim) (9 November 2022) (Ruling)

Advocates:

Ms. Kimani for State, Bosire for 2nd and 3rd Accused

Court Division:

Criminal

County:

Nairobi

Advocates:

Ms. Kimani for State, Bosire for 2nd and 3rd Accused

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

Prosecutor v Muthani & 3 others (Criminal Case E004 of 2021) [2022] KEHC 15009 (KLR) (Crim) (9 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15009 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case E004 of 2021

DO Ogembo, J

November 9, 2022

Between

Prosecutor

Republic

and

Jonathan Muema Mutune

1^st Accused

Benard Mutie Muthani

2^nd Accused

Kelvin Emojong

3^rd Accused

Bwato Mohammed

4^th Accused

Ruling

1.The 2^nd accused, Bernard Mutie Muthani has filed this application dated October 14, 2022 seeking revision of the terms of bond as set by this court on 30.8.2021. He has proposed to be released on a cash bail of Kshs 50,000. The prosecution has opposed this application on grounds that there has been no change of circumstances of this case as to justify the revision sought.

2.I have considered the above submissions. I have also considered the fact some of the co-accuseds have already secured sureties and are out on bond. In the circumstances, I find that it would be in the interests of justice that the terms of bond be revised in favour of accused 2.

3.Considering the nature of the charges herein, I revise the orders issued herein on August 30, 2021 and order that the 2^nd accused may now be released on a bond of Kshs.1million with 1 surety of a similar amount or an alternative of Kshs 100,000. All the other terms of bond shall remain as earlier ordered. Orders accordingly.

D. O. OGEMBOJUDGE9^TH NOVEMBER, 2022.Court:Ruling read out in open court in the presence of Ms. Kimani for state and Bosire for 2^nd and 3^rd.D. O. OGEMBOJUDGE9^TH NOVEMBER, 2022.

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