1. The accused, Anwar Bakar Jobwe, is charged with the offence of murder contrary to Section 203 read with Section 204 of the Penal Code. The particulars are that on 12/06/2018 at Fioni Village, Msambweni Sub‑county, Kwale County, he unlawfully killed Hassan Juma Jackson.
2. The accused was arraigned, the information was read to him, and he pleaded not guilty.
3. The Court admitted the accused to bail on a bond of Ksh 200,000 with a surety of an equivalent amount. The accused complied with the bond conditions from his release in 2018 until 2024, when he absconded. He has filed an application for reinstatement of his bond conditions on medical grounds. The Court directed that a bail review report be prepared, which was filed by Mr. Stephen Muthoka.
4. Bail is granted to ensure the attendance of an accused at trial and not to facilitate evasion of justice. The quantum of bail depends on the circumstances of each case, including the nature of the offence, the severity of the potential sentence, and the social and financial position of the accused. Bail should be no greater than is reasonably necessary to secure attendance and must not be so excessive as to amount to a denial of bail. Each application shall be determined on its own merits, guided by the evidence before the Court.
5. I have considered the bail information report and the medical records from Coast General Hospital on the Court file. The records indicate that the accused suffers from a hernia with associated complications which reportedly worsened during his period of remand. The medical documentation from Coast General Hospital corroborates these assertions.
6. The grant of bail is not automatic and remains at the discretion of the Court. The Court must weigh the evidence for and against the grant of bail. Having considered the material before me, I find it appropriate to reinstate the accused’s bond conditions. The accused is reminded that he, and not his counsel, bears the primary responsibility for following up the progress of his case and must not rely solely upon his advocate for updates.
7. Accordingly, the accused’s bond is reinstated subject to an additional surety in the sum of Ksh 200,000 and the provision of an additional contact person.
DELIVERED, DATED and SIGNED at MOMBASA this 25th day of FEBRUARY, 2026.
Ruling delivered via Microsoft Teams Online Platform.
2. The accused was arraigned, the information was read to him, and he pleaded not guilty.
3. The Court admitted the accused to bail on a bond of Ksh 200,000 with a surety of an equivalent amount. The accused complied with the bond conditions from his release in 2018 until 2024, when he absconded. He has filed an application for reinstatement of his bond conditions on medical grounds. The Court directed that a bail review report be prepared, which was filed by Mr. Stephen Muthoka.
4. Bail is granted to ensure the attendance of an accused at trial and not to facilitate evasion of justice. The quantum of bail depends on the circumstances of each case, including the nature of the offence, the severity of the potential sentence, and the social and financial position of the accused. Bail should be no greater than is reasonably necessary to secure attendance and must not be so excessive as to amount to a denial of bail. Each application shall be determined on its own merits, guided by the evidence before the Court.
5. I have considered the bail information report and the medical records from Coast General Hospital on the Court file. The records indicate that the accused suffers from a hernia with associated complications which reportedly worsened during his period of remand. The medical documentation from Coast General Hospital corroborates these assertions.
6. The grant of bail is not automatic and remains at the discretion of the Court. The Court must weigh the evidence for and against the grant of bail. Having considered the material before me, I find it appropriate to reinstate the accused’s bond conditions. The accused is reminded that he, and not his counsel, bears the primary responsibility for following up the progress of his case and must not rely solely upon his advocate for updates.
7. Accordingly, the accused’s bond is reinstated subject to an additional surety in the sum of Ksh 200,000 and the provision of an additional contact person.
DELIVERED, DATED and SIGNED at MOMBASA this 25th day of FEBRUARY, 2026.
Ruling delivered via Microsoft Teams Online Platform.