REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KWALE.
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. E004 OF 2026.
REPUBLIC ………………………………………………….……. PROSECUTOR
VERSUS
1. KHALID OMAR ABOUD
2. ATHUMAN SALIM SHIKELI alias BONGE
3. OMAR AWADH MBARAK
4. V. H. T…….………...................................................ACCUSED PERSONS
RULING
1. This matter comes up for the court to consider the bail report for each of the accused persons. The reports have been filed by the Probation and Aftercare department for each of the accused persons. The reports are generally favorable but with objection from the victim’s family for what I obviously believe is the pain of losing a loved one. The views of the victims are relevant and are taken into account.
2. Considering that the prosecution has no objection to the release of the accused persons on bond I find no compelling reasons to deny any of them bond. For the 4 th alleged offender V.H.T. I noted that he is a minor aged 16 years. It is indicated in the bail report that he hardly comprehends the gravity of the offence. I find that to be quite unlike of a 16 year-old who is said to have left school while in secondary school in form two in early 2025.
3. It is also indicated that his family recently relocated from Lunga Lunga and his parents are being temporarily accommodated by a friend where they are currently staying. Therefore, chances that if they are to relocate again it may be difficult to trace them are real.
4. In the case of V.H.T he will be released on a bond of KShs. 500,000/= with one surety of a like sum without deposit of security. I understand from the bond and bail report that both his parents are alive and available. In addition to the surety, the parents should appear before the Deputy Registrar of this court for examination and approval as well. The surety and the parents will deposit copies of their national identification cards in court. The surety should be a person who is a permanent resident of the area where the parents are currently residing and who has known them well who will also serve as the contact person for the minor and the parents. He will also deposit copy of his or her national identification card in court.
5. For accused 1, accused 2 and accused 3 each may be released on a bond of Kshs. 500,000/= with one surety of a like sum each. The minor will be remanded at an appropriate children’s remand home awaiting his release from custody.
6. Mention on 26/05/2026 for pre-trial.
ANDAYI W.F
JUDGE
Dated, signed and delivered in open court this 15 th day of May 2026.
Before:
All the accused persons present.
Wanyangu for the 4 th accused person.
Orwa for State
Ummu: Court assistant
ANDAYI W.F
JUDGE
HCCR CASE NO. E004/20261/BAIL/BOND REPORT
IN THE HIGH COURT OF KENYA AT KWALE.
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. E004 OF 2026.
REPUBLIC ………………………………………………….……. PROSECUTOR
VERSUS
1. KHALID OMAR ABOUD
2. ATHUMAN SALIM SHIKELI alias BONGE
3. OMAR AWADH MBARAK
4. V. H. T…….………...................................................ACCUSED PERSONS
RULING
1. This matter comes up for the court to consider the bail report for each of the accused persons. The reports have been filed by the Probation and Aftercare department for each of the accused persons. The reports are generally favorable but with objection from the victim’s family for what I obviously believe is the pain of losing a loved one. The views of the victims are relevant and are taken into account.
2. Considering that the prosecution has no objection to the release of the accused persons on bond I find no compelling reasons to deny any of them bond. For the 4 th alleged offender V.H.T. I noted that he is a minor aged 16 years. It is indicated in the bail report that he hardly comprehends the gravity of the offence. I find that to be quite unlike of a 16 year-old who is said to have left school while in secondary school in form two in early 2025.
3. It is also indicated that his family recently relocated from Lunga Lunga and his parents are being temporarily accommodated by a friend where they are currently staying. Therefore, chances that if they are to relocate again it may be difficult to trace them are real.
4. In the case of V.H.T he will be released on a bond of KShs. 500,000/= with one surety of a like sum without deposit of security. I understand from the bond and bail report that both his parents are alive and available. In addition to the surety, the parents should appear before the Deputy Registrar of this court for examination and approval as well. The surety and the parents will deposit copies of their national identification cards in court. The surety should be a person who is a permanent resident of the area where the parents are currently residing and who has known them well who will also serve as the contact person for the minor and the parents. He will also deposit copy of his or her national identification card in court.
5. For accused 1, accused 2 and accused 3 each may be released on a bond of Kshs. 500,000/= with one surety of a like sum each. The minor will be remanded at an appropriate children’s remand home awaiting his release from custody.
6. Mention on 26/05/2026 for pre-trial.
ANDAYI W.F
JUDGE
Dated, signed and delivered in open court this 15 th day of May 2026.
Before:
All the accused persons present.
Wanyangu for the 4 th accused person.
Orwa for State
Ummu: Court assistant
ANDAYI W.F
JUDGE
HCCR CASE NO. E004/20261/BAIL/BOND REPORT