Republic v Omondi (Criminal Case E1920 of 2025) [2026] KEMC 6 (KLR) (27 January 2026) (Ruling)

REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAKURU LAW COURTS. CRIMINAL CASE NO E1920 OF 2025 REPUBLIC…………………………………………………… PROSECUTION VERSUS FRANKLINE ODHIAMBO OMONDI….…………………………. ACCUSED RULING 1. The accused person herein, Frankline Odhiambo Omondi, is charged with the offence of Robbery with Violence contrary to section 296(2) of the Penal Code. The particulars are that on 09/09/2025 around 11.00pm at Nakuru Township of Nakuru East sub-County within Nakuru County, jointly with others not before court, the accused robbed DENNIS JOHN OUMA of his mobile phone make Samsung A04 valued at Kshs. 22,000/- and immediately before and after the time of such robbery threatened to use a knife to stab the said DENNIS JOHN OUMA. 2. The accused denied the offence and was ordered that he be released on a bond of Kshs. 100,000/- with 1 surety of a similar amount. The accused has now applied for a bail and bond review. I am guided by the Bail and Bond guidelines republicofkenyainthechiefmagistrate’scourtatnakurulawcourtscriminalcasenoe1920of2025republicprosecutionversu sfranklineodhiamboomondiaccusedruling and Article 49(1) (h) of the Constitution of Kenya, 2010 which provides that an arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. The learned prosecution counsel, Mr. Macharia, has not objected to the review save that the court does consider the nature of the offence and should not go with the cash bail amount of Kshs. 10,000/- as recommended by the probation officer. 3. I am alive to the principle that in reviewing the bail and bond terms, this court must weigh the accused’s right to liberty against the need to ensure his attendance at trial. I do therefore agree with the learned counsel for the prosecution that the bond or bail amount must be commensurate with the offence herein. 4. Noting from the report that the accused person’s relatives are willing to be sureties herein, I will review the bond terms herein downwards to Kshs. 50,000/- with 2 sureties of similar amount. Once released, failure to comply with the bail/bond conditions shall result in revocation of bail and bond. DATED, SIGNED, AND DELIVERED THIS…27th…...DAY OFJ…January…., 2026 Page 2 of 3 republicofkenyainthechiefmagistrate’scourtatnakurulawcourtscriminalcasenoe1920of2025republicprosecutionversu sfranklineodhiamboomondiaccusedruling HON ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Wanyoike Prosecution Counsel: Macharia Accused: Present Victim: n/a Page 3 of 3