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JudgmentRepublic VS MARY MWAU2 min read

Republic VS MARY MWAU

High Court at Makueni High Court · · Matheka, Teresia Mumbua


  1. The accused person, 52 years old Mary Mwende Mwau is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on 9/6/2024 at Kauti village, Kauti sub-location, Kilungu Sub County, Makueni County murdered Raphael Mutuku Kitivi.
  2. She pleaded not guilty on 9/7/2024.
  3. There being no objection to bond by the DPP – it was set, at 200,000/= with surety of same amount.
  4. I sought a social inquiry report from Probation and After Care Services because at that point I was not aware of the accused’s social, economic status to enable me do da proper bond assessment.
  5. The report was filed on 22/7/2024. The PACs officer states in the report that the report assessed, the accused person’s family background, circumstances, views of the victims, impact of the community, attitude and ability of accused to comply with bond terms.
  6. The report indicates that the accused suffers from epilepsy – and one time sustained severe burns on her hands after falling  into a fire during an episode.
  7. The report also states that she abuses local brew, and only becomes problematic when drunk – otherwise is a stable resident of the community and not a flight risk.
  8. Her mother and uncle are willing to stand surety for her though they do not have any tangible property. The local administration (chief) is willing to keep an eye on her should she be granted bond.
  9. I have carefully considered the social inquiry report –
  10. The deceased herein was a brother of the accused yet the family is not hostile to her –
  11. The accused’s health is not good due to the epilepsy and the family is of the view that given the opportunity they will ensure that she attends court.
  12. The purpose of bond or bail is to commit the accused person to attend court as and when required till the matter is heard and determined.
  13. This family is unable able to raise the bond of Kshs. 200,000/=.
  14. Bond is reviewed to personal bond of Ksh. 100,000 with two sureties each of Ksh. 50,000/=.
  15. The mother and uncle are allowed to stand surety for her by providing to court:
    1. Full color photo of each.
    2. Copy of ID card – each
    3. Letter from the chief – identifying them, committing to supervise the accused
    4. Photograph of accused, copy of ID.

Orders accordingly.

Dated, signed and delivered in open court  this 26th day of July 2024

Mumbua T Matheka

Judge

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