Republic VS JOSEPH NGERA KAMAU Republic VS JOSEPH NGERA KAMAU

The accused person in this matter is charged with the Murder of one Mary Kwamboka. It is alleged that on the date of 27^th and 28^th September 2024 within Nairobi County the accused person murdered the said Mary Kwamboka.
The matter came in before this court on the 30^th January 2025 when the defence counsel Ms. Kamau indicated to this court that she was seeking to have the accused person released on bail.
MS. DELA prosecution counsel appearing for the state indicated to the court that she was not opposed to the release of the accused person on bail.
MS. DELA however submitted that since the accused person was a military officer he should deposit his travel documents if any and that the court should consider imposing a condition that he avails the sureties in addition to the bond that the court will require him to post.
The accused through his counsel sought the release of a motor vehicle KDA 796L which was impounded by the police following the murder.
The prosecution opposed the release of the motor vehicle citing the fact that the motor vehicle shall be used as an exhibit in the trial thus its release at this stage would be prejudicial to the case.
I have considered the matter and I do find that under Article 49 (1) (h) of the Constitution the accused person is entitled to release on bail no matter the gravity of the offence.
The court can only deny the accused bail of compelling reasons are advanced by the prosecution.
In this case the prosecution only pleaded with the court to impose terms that the prosecution considers suitable to ensure that the accused shall return for trial.
The duty of a trial court in determining the terms and conditions of bail is enjoined to ensure that the conditions imposed are reasonable so as to ensure that the accused is not prevented from meeting the terms since the purpose of bail is to primarily ensure that an accused person turns up for trial.
The terms proposed by the prosecution for the deposit of travel documents as well as the request for sureties are not unreasonable terms or conditions.
The court therefore is inclined to admit the accused to bail on the following terms:
Bond of Kshs.1,000,000 plus two sureties of similar amount.
The accused person shall deposit his passport with the court.
The accused person shall not contact or in any manner whatsoever contact the prosecution witnesses directly or through proxy.
The accused person shall not leave the jurisdiction of this court without leave of court.
The accused person shall through his counsel , if he so desires approach the prosecution for the consideration of any alternative justice mechanism including a plea bargain but shall not at any time reach out to the victim’s family directly.
The accused shall provide details of his fixed place of abode and shall also provide his mobile telephone number which he shall retain and maintain in active use throughout the period of the trial.

It is so ordered