'REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. E020 OF 2025
1. DANIEL NDAMBUKI KIOKO alias RUTO
2. DANIEL MUIA MUOSO
3. MAGDALENE NDUKU MUTHIANI alias
MUENI .........................................................APPLICANTS/ACCUSED
VERSUS
REPUBLIC ......................................................................RESPONDENT
RULING
1. The three Applicants/Accused persons herein Daniel Ndambuki Kioko alias Ruto, Daniel Muia Muoso and Magdalene Nduku Muthiani alias Mueni were charged in this court on 9.10.2025 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on the n18th days of April 2025 at Kavilia Village, Ndithini Location, Masinga Sub-County within the Machakos County, jointly with others not before the court murdered Zachary Kariuki Gichuki.
2. The three denied the charges and pleas of not guilty were entered.
3. The accused persons through their Counsel orally applied for bail/bond pending trial.
4. This case and Machakos HCCR E017 OF 2025 R V PATRICK NGUNZU MUTETI and FRANCIS BERNARD KAIMI were directed to be mentioned together before this court.
5. The charges and facts in the two cases are similar arising from the same incident.
6. The affidavits as well as the Parties’ submissions on the application for bail/bond are almost the same. I wish not to replicate the ruling in Machakos HCCR E017 OF 2025 and will therefore order that the bond terms in that case do apply to this case which are as follows:
a) Each accused person is admitted to a bond of Kenya Shillings Six Hundred Thousand (Kshs.600,000/=) with one surety of like sum.
b) The accused persons are to report to the OCS Masinga Police Station every alternate Monday of every month until the case is heard and determined.
c) The accused persons shall not access, enter onto or go near the disputed land herein pending further orders of this court.
d) The accused persons shall undertake not to make any contacts; whether directly or otherwise with any of the witnesses to be summoned by the prosecution.
e) The accused persons shall not leave the jurisdiction of this court without prior order of this court.
f) The accused persons shall attend all court sessions when and if so required.
7. The above bond terms only apply to the accused persons herein in as far as they are charged in this case.
8. Orders accordingly.
RULING WRITTEN, DATED AND SIGNED AT MACHAKOS THIS 25TH NOVEMBER 2025.
NOEL I. ADAGI
JUDGE
DELIVERED AT MACHAKOS THIS 25TH NOVEMBER 2025In the presence of:
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IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. E020 OF 2025
1. DANIEL NDAMBUKI KIOKO alias RUTO
2. DANIEL MUIA MUOSO
3. MAGDALENE NDUKU MUTHIANI alias
MUENI .........................................................APPLICANTS/ACCUSED
VERSUS
REPUBLIC ......................................................................RESPONDENT
RULING
1. The three Applicants/Accused persons herein Daniel Ndambuki Kioko alias Ruto, Daniel Muia Muoso and Magdalene Nduku Muthiani alias Mueni were charged in this court on 9.10.2025 with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. It was alleged that on the n18th days of April 2025 at Kavilia Village, Ndithini Location, Masinga Sub-County within the Machakos County, jointly with others not before the court murdered Zachary Kariuki Gichuki.
2. The three denied the charges and pleas of not guilty were entered.
3. The accused persons through their Counsel orally applied for bail/bond pending trial.
4. This case and Machakos HCCR E017 OF 2025 R V PATRICK NGUNZU MUTETI and FRANCIS BERNARD KAIMI were directed to be mentioned together before this court.
5. The charges and facts in the two cases are similar arising from the same incident.
6. The affidavits as well as the Parties’ submissions on the application for bail/bond are almost the same. I wish not to replicate the ruling in Machakos HCCR E017 OF 2025 and will therefore order that the bond terms in that case do apply to this case which are as follows:
a) Each accused person is admitted to a bond of Kenya Shillings Six Hundred Thousand (Kshs.600,000/=) with one surety of like sum.
b) The accused persons are to report to the OCS Masinga Police Station every alternate Monday of every month until the case is heard and determined.
c) The accused persons shall not access, enter onto or go near the disputed land herein pending further orders of this court.
d) The accused persons shall undertake not to make any contacts; whether directly or otherwise with any of the witnesses to be summoned by the prosecution.
e) The accused persons shall not leave the jurisdiction of this court without prior order of this court.
f) The accused persons shall attend all court sessions when and if so required.
7. The above bond terms only apply to the accused persons herein in as far as they are charged in this case.
8. Orders accordingly.
RULING WRITTEN, DATED AND SIGNED AT MACHAKOS THIS 25TH NOVEMBER 2025.
NOEL I. ADAGI
JUDGE
DELIVERED AT MACHAKOS THIS 25TH NOVEMBER 2025In the presence of:
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