'The Accused Moses Odhiambo Binee Oketch was charged jointly with another for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
Upon being arraigned in court he pleaded not guilty and vide an affidavit sworn on 8th September 2025 P.C Mark Anam objected to his release on bond for reasons that the offence originated from threats issued by the 1st accused against the deceased and his family and that the accused is capable of intimidating or harming witnesses who are his relatives and who had who reported the threats to the police vide 0B NO 05/25/4/2025 and 10/8/8/2025 before the occurrence of the incident. The Investigating Officer averred that if 1st accused is released there is real risk to safety of witnesses and victim''s family and this may disturb public order and security in the community. It was also averred that 1 st accused person may abscond if released on bond or bail and may not be traced for court proceedings since the charges against him attracts maximum sentence of death. It was further claimed that investigation is still ongoing since the murder weapon is yet to be recovered and if the 1st accused person is released he may jeopardize collection of evidence.
The objection to release 1st Accused on bond was opposed by the affidavit of the 1st Accused sworn on 16th September 2025 and filed physically and not in the CTS.
This court has considered the rival affidavits and find that it would be prudent to call for a pre-bail report and establish the security of the witnesses before issuing orders denying or granting bond to the 1st Accused. In the circumstances this matter will ne mentioned on 30th October 2025 for the report and further orders.
Signed dated and delivered at Migori this 9th day of October, 2025.
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Upon being arraigned in court he pleaded not guilty and vide an affidavit sworn on 8th September 2025 P.C Mark Anam objected to his release on bond for reasons that the offence originated from threats issued by the 1st accused against the deceased and his family and that the accused is capable of intimidating or harming witnesses who are his relatives and who had who reported the threats to the police vide 0B NO 05/25/4/2025 and 10/8/8/2025 before the occurrence of the incident. The Investigating Officer averred that if 1st accused is released there is real risk to safety of witnesses and victim''s family and this may disturb public order and security in the community. It was also averred that 1 st accused person may abscond if released on bond or bail and may not be traced for court proceedings since the charges against him attracts maximum sentence of death. It was further claimed that investigation is still ongoing since the murder weapon is yet to be recovered and if the 1st accused person is released he may jeopardize collection of evidence.
The objection to release 1st Accused on bond was opposed by the affidavit of the 1st Accused sworn on 16th September 2025 and filed physically and not in the CTS.
This court has considered the rival affidavits and find that it would be prudent to call for a pre-bail report and establish the security of the witnesses before issuing orders denying or granting bond to the 1st Accused. In the circumstances this matter will ne mentioned on 30th October 2025 for the report and further orders.
Signed dated and delivered at Migori this 9th day of October, 2025.
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