This is with an alternative cash bail of Sh 10,000 each.
Omondi accompanied by Maxwell Bunde, Austin oduor, Zephaniah Ouma
and Sylverster Omondi appeared before Chief Magistrate Nixon Onyango.
They all pleaded not guilty to the charges of taking part in unlawful assembly contrary to section 79 of the penal code.
However the prosecution, Onanda Tony noted that the accused should be released on Bond only because some were not residents of Kisumu city.
Onanda further requested the court to also order the accuses not to participate in such unlawful activities again even as the case goes on.
This was opposed by the accused lawyer Kowino Omondi saying his clients should be released on cash bail.
He noted that three of the accuses were student of the Polytechnic and stayed in Kisumu hnece were not aflight risk adding that Omondi is from the region but only stays in Nairobi.
“This is not basis to deny our clients cash bail, because there is no risk or allegation before that they will ve a flight risk”.
He also opposed the prosecution requst to have the accused not engage in any of such activity again.
“This will be infringing on my clients exercising their constitutional rights, this matter is yet to be determined by the court whether they are guilty or not”.
The Magistrate however ruled that he could not grant the request by the prosecutuon because that will be infringing into the rights of the accused.
He said the matter will be mentioned on May 8 to confirm if statements have been served by both parties.
The hearing of the case has been set for June 5th 2023.