RULING( Bond review)
1) The accused Ann Ndunge Nzivi is charged with murder - contrary to section 203 as read with section 204 of Penal Code.
2) THE particulars were:
COUNT I on the night of 12th November 2024 at Kwakatia Village, Kasikeu l,ocation of Mukaa Sub-County, within Makueni County murdered JEREMIAH MUUO aged 7years.
COUNT II on the night of 12th November 2024 at kwakatia Village, Kasikeu Location of Mukaa Sub-County, within Makueni County murdered BLESSING MUTHEU aged 4years..
3) When she was presented in court - the 1st time the psychiatrist report indicated she suffered from sudden, transient hallucinations.
4) After treatment, she took plea on 3/2/2025 after it was confirmed that she was now fit to plead. She pleaded not guilty and bond was set at Kshs. 500,000 with surety of similar amount. The court however sought a bail review report.
5) The report was filed on 14/3/2025.
6) The issue for determination is whether the bond ought to be reveiwed to a lesser sum.
7) From the report the accused is a single mother who had three children - the 2 deceased and a 3rd aged 2 years old at the time of the offence.
8) The family is divided as to whether she ought to be out on bond - some want her to stay in custody- her follower, a sister wants her out and is willing to accommodate her in her house in Nairobi. A maternal uncle is ready to stand surety for her.
9) The other factors are positive – she is not a flight risk. She has a stable home, and before this offence was considered a hardworking, non-violent, sober and loving mother of her three children, and lived in harmony with her grandparents.
10) The prosecution had no objection to her release on bond at the initial instance hence the only issue is whether the bond terms should be reviewed.
11) She is one of three daughters of a single mother who was never married and lived with her parents. They were left in the custody of maternal grandparents – who are described as very old. The only other relatives are the siblings to their mother - in the circumstance the accused’s chances of getting a surety are slim.
12) The bonds term should not amount to a term of a sentence pretrial - and considering the presumption of innocence - the accused’s bond is reviewed to Kshs. 200,000 with a surety of similar amount.
Dated signed and delivered, in open court this 2nd April 2025
Mumbua T Matheka
Judge
Court Assistant Chrispol