Skip to content
JudgmentRepublic VS DAVID SILA AND JANET KANINI3 min read

Republic VS DAVID SILA AND JANET KANINI

High Court at Makueni High Court · · Matheka, Teresia Mumbua


  1. The accused persons DAVID SILA POLYCARP, JANET KANINI MUTISYA, DOMINIC MUUNDO MUINDI, ISAAC MUTISO MULI, and HARRIET BANGIBASA alias NALONGO face a joint charge  of  murder  Contrary  to  Section  203  as  read  with   Section  204  of  the Penal  Code.   Particulars are that on 16/1/2025 at 200hrs at Ngwata Area, Kambu Location Kambu Sublocation within  Makueni  County  they jointly  with others  not    before  court murdered  DAVID OBENDA   AUKA. 
  2. They were initially  charged  in  different files -  this  one,E004 of 2025,  E008/2025  &  E009/2025 which  were  consolidated  on 24/4/2025  into  E004/2025 (this one) 
  3. For the   3rd and 4th  accused -  there  was  no  objection   to  bond  by  prosecution   and bond was  set at Kshs.  300,000 each with a surety of similar amount.
  4. For the 1st and 2nd accused there was an objection which was overruled - and the accused persons were admitted bond of Kshs.  500,000  each  with surety of  similar  amount – pending   Bail  Review  Report on 13/3/2025
  5. The investigating officer was also given time to file any affidavit in opposition of bond if he still had any.
  6. The  Investigating  Officer  did not  file  any  and the court  was of the view  that since  the two accused persons had been in custody since their arrest on 19/2/2025, the I.O had  sufficient time  to prepare  and  file  the affidavit  in opposition of  their  release on bond.
  7. In its absence – the   court refused to extend time oftheir detention /accept any unsubstantiated pronouncements from the bar. 
  8. For the 5th  accused there has been an objection to her release  on bond on the grounds that she is Ugandan - and therefore a flight risk. Her advocate submitted  that  the  father  is Kenyan, mother is Ugandan, the family  home is in Nakuru County Maili Tano  Area  and that  all her  siblings, live in Kenya. 
  9. Regarding 1st accused – the   Pre-bail report reveals that he has two criminal cases pending before Makindu Court- where he is charged with stealing and Robbery with violence, and that there is the risk of his interfering with witnesses.
  10. Is he likely to jump bail? The local administration’s view is that this is a likelihood. 
  11. The Probation after Care Services Officer recommends strict bond terms.
  12. One of the terms of bond is that an accused person will not commit another offence while out on bond. This accused person is charged with committing two other offences in the same act. Considering his circumstances the bond terms will have to change.
  13. Regarding 2nd accused she also faces the charge of Robbery with violence at Makindu Law Courts . It is evident from the Probation After Care Services that she is not flight risk, no risk of interfering with witness. 
  14. Her bond terms will remain the same.
  15. As for 5th accused the Pre Bail report from PACs was filed on 15th May 2025.I have perused the report and find it to have internal factual inconsistencies. Grammatical and spelling mistakes pointing to hurried preparation and evident cut and paste sections.  I find it unreliable and unacceptable.
  16. Considering the nature of the offence and the objections raised by the Prosecution, I expected the PACs officer to liaise with the PACs officer on the ground who would visit the home of the 5th accused and avail the report. 
  17. In the circumstances the following orders avail in this matter:
    1. The 1st accused’s bond is revised to Ksh 1000,000 with a surety of the same amount. Upon release on bond he is to report to the DCI office Makindu on the last Friday of every month until further orders of this court. In default, the I.O will inform the court, the security will lapse and Warrant of arrest will issue.
    2. The 2nd accused’s bond remains at Ksh 500, 000 with a surety of the same amount.
    3. For the 3rd and 4th accused bond will be Ksh 300,000 with a surety of the same amount each.
    4. For the 5th accused, the County PACs officer Makueni to liaise with the County PACs officer Nakuru, to ensure that the Bahati /county PACs officer visits the alleged home of the 5th accused and avails a further Pre Bail Report.
    5. The Report filed on 15th May 2025 ref PS/3/Vol4/30 dated 12th May 2025 be served upon the County PACs officer through the Deputy Registrar for his perusal and comments on its preparation, and reliability.
  18. Mention on 23rd May 2025 for further directions.

Dated, signed and delivered vis CTS this 19th May 2025

Mumbua T Matheka

Judge

CA Chrispol

    Republic VS DAVID SILA AND JANET KANINI Republic VS DAVID SILA AND JANET KANINI