'The accused herein was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code and he pleaded not guilty and was released on bond of Kshs. 500,000/= with one surety of a similar amount.
On 12th July 2024 John Omollo Ochieng stood surety for the accused and deposited title deed No South Kade/ Kakoth/ 1324 as recognizance for release of the accused whom he said was his brother in-law.
When the matter came up for further hearing on 12th June 2025 the accused failed to turn up and his advocate said that he was indisposed and admitted at God Kwer Hospital. The Prosecution however said that the said hospital did not have inpatient facilities.
A warrant of arrest was therefore issued as it was realized that the reason for not attending court was a lie.
On 26th June 2025 when the accused did not turn up again warrant of arrest was also issued for his surety. It was not until on 24th October 2025 that the surety was traced and arrested. When given an opportunity to show cause why he could not be jailed for failing to comply with the condition to avail accused in court he said that his wife who was the sister of the accused had also disappeared from home and he has no way of tracing the accused.
This court learnt from the Prosecuting counsel that it was not the 1st time the surety was failed to comply with the conditions of bond terms. The report called by the court confirmed that he had previously been detained for failing to avail an accused in court. The surety was therefore aware of the consequences of offering to stand as surety and failing to avail the accused person in court being he was not a first-time surety.
In the circumstances this court hereby orders that unless and until he avails the accused person he is condemned to forfeit the sum of Kshs. 500,000/= in default to serve 6 months imprisonment. Mention on 20th January 2026.
Right of appeal 14 days explained.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 12TH DAY OF NOVEMBER, 2025.
'
On 12th July 2024 John Omollo Ochieng stood surety for the accused and deposited title deed No South Kade/ Kakoth/ 1324 as recognizance for release of the accused whom he said was his brother in-law.
When the matter came up for further hearing on 12th June 2025 the accused failed to turn up and his advocate said that he was indisposed and admitted at God Kwer Hospital. The Prosecution however said that the said hospital did not have inpatient facilities.
A warrant of arrest was therefore issued as it was realized that the reason for not attending court was a lie.
On 26th June 2025 when the accused did not turn up again warrant of arrest was also issued for his surety. It was not until on 24th October 2025 that the surety was traced and arrested. When given an opportunity to show cause why he could not be jailed for failing to comply with the condition to avail accused in court he said that his wife who was the sister of the accused had also disappeared from home and he has no way of tracing the accused.
This court learnt from the Prosecuting counsel that it was not the 1st time the surety was failed to comply with the conditions of bond terms. The report called by the court confirmed that he had previously been detained for failing to avail an accused in court. The surety was therefore aware of the consequences of offering to stand as surety and failing to avail the accused person in court being he was not a first-time surety.
In the circumstances this court hereby orders that unless and until he avails the accused person he is condemned to forfeit the sum of Kshs. 500,000/= in default to serve 6 months imprisonment. Mention on 20th January 2026.
Right of appeal 14 days explained.
DATED, SIGNED AND DELIVERED AT MIGORI THIS 12TH DAY OF NOVEMBER, 2025.
'