R U L I N G
1. The undated Application – prays that the court orders that:-
i. The matter be heard by any other court apart from Hon. Odhiambo D.
SRM.
ii. That he be granted bond/bail terms.
2. The reasons given are that:
i. He has been denied bond/bail.
ii. He has been denied representation.
iii. He does not understand the language.
iv. The matter has reached too fast.
3. On the issue of bond, I note that a pre-bail report was filed and the court
granted a bond of Kshs.500,000/= with 2 sureties of the same amount. So it
is not true he was denied bond/ bail.
4. On the language, I have perused the record and I see the proceedings are in
Kiswahili and not English. The accused person was able to cross-examine
all the witnesses at length.
5. On the representation, I find that Mr. Magolo Advocate has come on record
and he even sought to have the matter start de novo. When that application
was denied , it is when the current application was filed
6. On the speed of the trial , I FIND THAT The accused person is in custody
and yet complaining that the matter is moving too fast. The trial court sh ould
be commended.
7. Having looked at the record, I find there’s no error ,illegality or irregularity or
misapplication of the law or procedure. I dismiss the prayer to transfer the
matter to any other court and equally the prayer or to start denovo is denied
8. I will however revise the bond terms to a bond of Kshs.500,000/= with 1
Kenyan surety of the same amount and 2 contact persons who should be
Kenyan citizens and have the relevant identification documents
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …15 th …day of …April…2025
In the presence of: -
The applicant
Mr Ngiri for the respondent
Bebora court assistant
1. The undated Application – prays that the court orders that:-
i. The matter be heard by any other court apart from Hon. Odhiambo D.
SRM.
ii. That he be granted bond/bail terms.
2. The reasons given are that:
i. He has been denied bond/bail.
ii. He has been denied representation.
iii. He does not understand the language.
iv. The matter has reached too fast.
3. On the issue of bond, I note that a pre-bail report was filed and the court
granted a bond of Kshs.500,000/= with 2 sureties of the same amount. So it
is not true he was denied bond/ bail.
4. On the language, I have perused the record and I see the proceedings are in
Kiswahili and not English. The accused person was able to cross-examine
all the witnesses at length.
5. On the representation, I find that Mr. Magolo Advocate has come on record
and he even sought to have the matter start de novo. When that application
was denied , it is when the current application was filed
6. On the speed of the trial , I FIND THAT The accused person is in custody
and yet complaining that the matter is moving too fast. The trial court sh ould
be commended.
7. Having looked at the record, I find there’s no error ,illegality or irregularity or
misapplication of the law or procedure. I dismiss the prayer to transfer the
matter to any other court and equally the prayer or to start denovo is denied
8. I will however revise the bond terms to a bond of Kshs.500,000/= with 1
Kenyan surety of the same amount and 2 contact persons who should be
Kenyan citizens and have the relevant identification documents
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …15 th …day of …April…2025
In the presence of: -
The applicant
Mr Ngiri for the respondent
Bebora court assistant