- The accused person is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that Mourice Otieno Odongo on 21.9.22 at Wakondo village, Wawere Sub Location, East Sakwa Location, Awendo Sub County within Migori County in the Republic of Kenya murdered James Ochieng Okita.
- The accused person was arraigned in court on 5.9.24 and upon taking plea the prosecution through the affidavit of CPL Millicent Saraku objected to his release on bond terms for reasons he is a flight risk as he went into hiding after committing the offence herein on 21.9.2022 and he was only arrested on 23.8.2024 with the assistance of member of the public.
- CPL Millicent Saraku in her Affidavit sworn 4.9.24 averred that the majority of the witnesses in this matter are known to the accused person since they were living together and if released there are possibilities of him interfering and harming the witnesses through intimidation, coercion and threat.
- This court called for probation report which was filed on 3.10.2024 and it was recommended that the accused person was suitable for release on bond on condition that his guardian one Kennedy Onyango organizes for his relocation to avoid any hostility.
- The accused person in affidavit sworn on 8.10.2024 averred that he had been staying at Kitere Centre near Rongo University where he had established his business and lives with his young family and he did not evade authorities. He said he had no intentions of interfering with, harm, intimidate coerce or threaten witnesses.
- He said he reported daily to the police and complied fully with bond terms when released at Rongo Magistrates court in proceedings related to this case. He pleaded that he should be released.
- I have considered the objection, the Replying Affidavit and the Probation Report and find that there is no compelling reason advanced that would make this court not to grant bond to the accused person.
- This court therefore orders that accused person be released on bond of Kshs. 500,000/= with one surety of similar amount that on condition he does interfere with the trial herein and that his guardian will relocate him for his on safety. The witnesses are also warned not to cause any harm to the accused person on his release on bond.
- In the event the accused person interfere with witness and or in event that witnesses or any person interfere with the accused person in relation to this matter the same should be reported to police for investigation and action.
Delivered dated and signed at Migori this 17th day of October 2024