The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 13 th day of August, 2025 at around Ramwe Gardens in Kamangu area within Kikuyu Sub County Kiambu County murdered one Simon Gathenya Mwangi.
The accused was evaluated by a Psychiatric and was found to be mentally stable, oriented, able to follow court proceedings and participate in her defence.
The accused through her counsel applied to be admitted to a reasonable bail. The prosecution did not oppose the application but requested that a pre-bail report be filed in court before the court can consider whether to admit the accused to bail.
The matter proceeded on 23 rd June, 2026 with the prosecution calling three witnesses. After the testimony of the said witnesses’ counsel for the accused informed the court that a pre-bail report had been filed and the court could now proceed and consider the issue of the bail. The prosecution did not oppose the application for release of the accused on bond.
The right to bail and bond is enshrined in the Constitution and particularly Article 49(1)(f) which provides for an arrested and or charged person to be released on bail or bond unless there are compelling reason not to be released.
I have considered the pre-bail report filed in court. Save that the family of the accused has tangible security, there is nothing to show any compelling reasons why the accused should not be admitted to bail. The reason which can be discerned from the report is that the family of the primary victim is opposed to her release, but no reasons given why they have reservation about the release of the accused on bail and bond.
In the circumstances of this case, I find no reason to deny the accused bail and bond. I do hereby admit the accused to bond of Kshs. 500,000/= with two sureties of the similar amount on condition that:
1. The accused shall ensure she attends court when required until further orders of this court;
2. The accused is warned against interference with the witnesses
In the event of breach of the foregoing conditions the bond terms shall stand cancelled and the accused shall forthwith be remanded in custody pending the hearing of the case.
Dated, signed and delivered at Kiambu this 16 th day of July, 2026
F.N Kyambia
Judge
2
The accused was evaluated by a Psychiatric and was found to be mentally stable, oriented, able to follow court proceedings and participate in her defence.
The accused through her counsel applied to be admitted to a reasonable bail. The prosecution did not oppose the application but requested that a pre-bail report be filed in court before the court can consider whether to admit the accused to bail.
The matter proceeded on 23 rd June, 2026 with the prosecution calling three witnesses. After the testimony of the said witnesses’ counsel for the accused informed the court that a pre-bail report had been filed and the court could now proceed and consider the issue of the bail. The prosecution did not oppose the application for release of the accused on bond.
The right to bail and bond is enshrined in the Constitution and particularly Article 49(1)(f) which provides for an arrested and or charged person to be released on bail or bond unless there are compelling reason not to be released.
I have considered the pre-bail report filed in court. Save that the family of the accused has tangible security, there is nothing to show any compelling reasons why the accused should not be admitted to bail. The reason which can be discerned from the report is that the family of the primary victim is opposed to her release, but no reasons given why they have reservation about the release of the accused on bail and bond.
In the circumstances of this case, I find no reason to deny the accused bail and bond. I do hereby admit the accused to bond of Kshs. 500,000/= with two sureties of the similar amount on condition that:
1. The accused shall ensure she attends court when required until further orders of this court;
2. The accused is warned against interference with the witnesses
In the event of breach of the foregoing conditions the bond terms shall stand cancelled and the accused shall forthwith be remanded in custody pending the hearing of the case.
Dated, signed and delivered at Kiambu this 16 th day of July, 2026
F.N Kyambia
Judge
2