1. The accused person Gabriel Nyamaiga Chacha was charged with the offence of murder contrary to Section 203 as read with Section204 of the Penal Code.
2. The particulars are that on 1.7.24 at Tarangai Village Wangirabose Sub Location, Wangirabose Location, Kuria East Sub County in Migori County within the Republic of Kenya murdered Christopher Muniko Mwita.
3. Upon taking plea the prosecution counsel Ms. Ndombi indicated that an Affidavit objecting to grant of bond had been filed by the investigating officer Thomas Oloo the said Affidavit is sworn on the 22.7.24 averring that the accused person was arrested on 5.7.24 at Canan Area along Tanzania Kenyan boarder while escaping after committing the offence and was therefore a flight risk. He also averred that the accused person who is related to some of the witness was likely to interfere with witnesses and that he had written a note threatening to kill some of the people who are witnesses who are minors and are therefore intimidated.
4. The accused persons advocated filed an application dated 25.7.24seeking that the accused person be admitted to very fair and reasonable bond terms. The application is supported by the Affidavit of Memory Agade Advocate in which she averred that the applicant had a fixed place of abode and is not a threat to the prosecutions witnesses. It is also averred that the accused is a family man with 5 children and a wife who depend on him and his continued detention is of great prejudice to his family as the education of his children has been interfered with. That detaining the accused until determination of the criminal trial would amount to him serving sentence before trial and conviction and that is an outright violation of the Constitutional right of presumption of innocence until proven guilty.
5. This court called for a bail assessment report and the same was filed on 27.8.24.
6. This court has considered application for bond as well the objection by the prosecution and bail assessment report and find that the same is favourable for the release of the accused person pending trial. However, as indicated by the investigating officer that some of the witnesses are minors this court will suspend admission of the accused on bond until the said minors testify before his released on a bond of Kshs. 500,000/= with a surety of a similar amount on condition that he does not interfere in any way with trial herein.
Delivered dated and signed at Migori this 21st day of November, 2024.
2. The particulars are that on 1.7.24 at Tarangai Village Wangirabose Sub Location, Wangirabose Location, Kuria East Sub County in Migori County within the Republic of Kenya murdered Christopher Muniko Mwita.
3. Upon taking plea the prosecution counsel Ms. Ndombi indicated that an Affidavit objecting to grant of bond had been filed by the investigating officer Thomas Oloo the said Affidavit is sworn on the 22.7.24 averring that the accused person was arrested on 5.7.24 at Canan Area along Tanzania Kenyan boarder while escaping after committing the offence and was therefore a flight risk. He also averred that the accused person who is related to some of the witness was likely to interfere with witnesses and that he had written a note threatening to kill some of the people who are witnesses who are minors and are therefore intimidated.
4. The accused persons advocated filed an application dated 25.7.24seeking that the accused person be admitted to very fair and reasonable bond terms. The application is supported by the Affidavit of Memory Agade Advocate in which she averred that the applicant had a fixed place of abode and is not a threat to the prosecutions witnesses. It is also averred that the accused is a family man with 5 children and a wife who depend on him and his continued detention is of great prejudice to his family as the education of his children has been interfered with. That detaining the accused until determination of the criminal trial would amount to him serving sentence before trial and conviction and that is an outright violation of the Constitutional right of presumption of innocence until proven guilty.
5. This court called for a bail assessment report and the same was filed on 27.8.24.
6. This court has considered application for bond as well the objection by the prosecution and bail assessment report and find that the same is favourable for the release of the accused person pending trial. However, as indicated by the investigating officer that some of the witnesses are minors this court will suspend admission of the accused on bond until the said minors testify before his released on a bond of Kshs. 500,000/= with a surety of a similar amount on condition that he does not interfere in any way with trial herein.
Delivered dated and signed at Migori this 21st day of November, 2024.