- 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.
- 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)
- 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.
- 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
- The investigating officer was also given time to file any affidavit in opposition of bond if he still had any.
- 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.
- In its absence – the court refused to extend time oftheir detention /accept any unsubstantiated pronouncements from the bar.
- 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.
- 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.
- Is he likely to jump bail? The local administration’s view is that this is a likelihood.
- The Probation after Care Services Officer recommends strict bond terms.
- 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.
- 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.
- Her bond terms will remain the same.
- 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.
- 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.
- In the circumstances the following orders avail in this matter:
- 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.
- The 2nd accused’s bond remains at Ksh 500, 000 with a surety of the same amount.
- For the 3rd and 4th accused bond will be Ksh 300,000 with a surety of the same amount each.
- 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.
- 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.
- Mention on 23rd May 2025 for further directions.
Dated, signed and delivered vis CTS this 19th May 2025
Mumbua T Matheka
Judge
CA Chrispol