By Anchor Writer
The High Court in Nyamira has dismissed attempts by three convicts to be released on bail, pending the hearing and determination of their appeal.
“In the totality of the material placed before the court, and guided by binding Court of Appeal jurisprudence, the appellants have failed to demonstrate either overwhelming chances of success in the appeal or the existence of exceptional or unusual circumstances warranting their release,” Judge Thripsisa Cherere ruled, adding that the application lacked merit.
The court said on Thursday that it was mindful that Francis Ouru, Job Morara and Kevin Mogi were under death sentence for robbery with violence, adding that the sentence, standing alone, does not constitute an exceptional or unusual circumstance warranting release on bail pending appeal.
The three were sentenced to death on September 8, 2025, after the magistrate’s court found them guilty of robbing and injuring Mrs Faustina Moraa, mother of journalist and former Editor at The Standard- Everlyne Kwamboka. The attack happened at Moraa’s shop in Nyamiaya Division.
“Further, the personal circumstances advanced by the appellants, namely youth, family responsibilities, fixed abodes, and willingness to comply with bond terms, are considerations which do not amount to exceptional circumstances,” the judge ruled.
The court discovered that the convicts had filed five appeals on the Judiciary record, a situation that led them to withdraw four, leaving only the one by their lawyer to proceed.
In the bail application by the convicts who were allowed to file their appeal out of time, they claimed family responsibilities and risk remaining in custody for a prolonged period while the appeal is pending.
In her preliminary objection, Moraa, through her lawyer Kethie Kilonzo, told the court that due to the sentence, the convicts risk absconding from court if released on bail.
Kethie told the court her client continues to suffer from post-traumatic stress disorder arising from the November 30, 2023, robbery incident, adding that she has been undergoing medical and psychological treatment.
“I remain in fear for my life, and that of my family members should the appellants be released on bail, given the violent circumstances of the offence for which they were convicted,” read her affidavit filed in court.
The three were convicted of robbery with violence contrary to Section 296(2) of the Penal Code by Senior Resident Magistrate Christabel Agutu on September 8, 2025.
The charge against the three stated that on November 30, 2023, at Nyamaiya Township, they jointly robbed Faustina Moraa of Sh22,000, an Itel cellphone valued at Sh13,000, assorted drinks valued at Sh5,000 and at the time of the robbery, used actual violence against Moraa.
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