REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. E029 OF 2024
REPUBLIC………….……………….…………………PROSECUTION
VERSUS
JOHN OKUMU MUSUMBA…………………………………ACCUSED
RULING ON BOND/BAIL
- John Okumu Musumba is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. This ruling is whether the accused should be released on bond. The prosecution objects to the defence application to have the accused released on bond.
- The court requested the investigating officer ( I/O) to visit the premises said to be the accused's home. I have read the I/O’s affidavit dated 13.2.2025. The affidavit indicates the two officers visited the home of the accused in Ranje and established that there is a four-bedroom house in the home and that one Michael Wamalwa stays in the home he told them that he had been put in the said house by one Linnet Okumu, whom they could not trace. The affidavit does not indicate the title number of the property the I/O visited. The affidavit also raises the issue that the accused is not known to the neighbor. These are statements I cannot ignore. The IO needs to interview Linnet to establish who stays in the said home/premises.
- The matter is coming up on the 27th of March 2025 for further. I request the defence counsel to get Linnet Okumu to attend court either on the 27. 3.2025 or another date to be given by the court to confirm that the accused lives in the said house.
- This court can only decide on bond after hearing from Linnet.
- Meanwhile, the accused continues to be remanded at Bungoma Prisons until 27.3.2025.
Dated, signed, and delivered at Bungoma on this 27th day of February 2025.
R. OUGO
JUDGE
In the presence of:
John Okumu Musumba -Accused
Mr. Murunga -For the Accused
Miss Matere -For the State
Wilkister - C/A