REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL DIVISION
CRIMINAL NO. E022 0F 2025
REPUBLIC ………………………………………………..……………….………………PROSECUTOR
VERSUS
DENNIS MWANGI NJENGA ALIAS MENTO ……………………….………...3 RD ACCUSED
SAMUEL MACHURA WANJIRU ALIAS MASHU ……………….……………4 TH ACCUSED
RULING
(ON THE 3 RD AND 4 TH ACCUSED PERSONS’ ORAL APPLICATION FOR BAIL/BOND MADE ON 18 TH OF DECEMBER 2025)
Introduction
1. This Ruling relates to an oral application for bail/bond for the remainder of the trial. The application was made orally in court on 18/12/2025 before the Hon. Lady Justice D.O. Chepkwony and was brought under Article 49(1)(h ) of the Constitution, which guarantees the right to bail unless there are compelling reasons for denial.
2. The Prosecution did not file any affidavit in opposition hence showing, that it does not oppose the application.
3. Pre-bail reports with respect both the 3 rd and 4 th Accused Persons were duly prepared and submitted pursuant to the directions of this Court.
4. By consent, the Parties agreed that this Judge should consider the oral application based on the typed proceedings of 18/12/2025 and notwithstanding that the oral application was argued before another judge.
Background
5. The 3 rd and 4 th accused herein, Dennis Mwangi Njenga alias Mento and Samuel Machura Wanjira alias Mashu respectively are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars thereof being that on the 25/08/2025 at Muthiga Area in Kikuyu Sub-County within Kiambu county jointly with others murdered David Murithi Nyaga. Both the 3 rd and 4 th Accused Persons denied committing the offence.
Pre-Bail Report
6. With regard to the 3 rd Accused Person , a Pre-Bail Report dated 24/04/2026 was prepared and submitted. The Report filed shows that the 3 rd Accused Person is 28 years old and has never been charged in a court of law and hence has no previous criminal history. His parents are willing to deposit their title deed as surety. The parents have also committed themselves as contact persons to ensure adherences to the court’s terms if bail/bond is granted. As per the Report, the local administration and the local community have no opposition to the 3 rd Accused Person being granted bail/bond.
7. The Report also shows that the victim’s family is opposed to the 3 rd Accused Person being granted bail/bond. The reason they advance is that the deceased victim was a retired intelligence officer and they suspect that perhaps his murder was linked to his past activities within the National Intelligence Service (NIS).
8. With regard to the 4 th Accused Person , the Report dated 30/04/2026 shows that he is 34 years old, a father of one child, and a sole breadwinner. His mother, who commits to act as the primary contact person, is willing to deposit a title deed to her piece of land in court. The local administration and community members have no opposing reviews to the 4 th Accused Person receiving a grant of bail/bond.
9. The Report also shows that the victim’s family is opposed to the 4 th Accused Person being granted bail/bond. The reason they advance is that the deceased victim was a retired intelligence officer and they suspect that perhaps his murder was linked to his past activities within the National Intelligence Service (NIS).
The Applicable Law
10. The right to bail or bond is a fundamental constitutional guarantee aimed at balancing an accused person's right to liberty with the interests of justice. Under Article 49(1)(h), every arrested person the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons to justify continued detention.
11. Section 123A of the Criminal Procedure Code further guides the Court to consider, inter alia , the nature and seriousness of the offence, the character of the accused, the likelihood of absconding, and the potential interference with witnesses when considering the question of bail/bond with respect to an accused person.
Analysis and determination
12. The sole issue for determination is whether in the circumstances of the matter it is fit, just, and proper for the 3 rd and/or 4 th Accused Persons to be granted bail/bond.
13. In my consideration, both the 3 rd Accused Person and the 4 th Accused Person are fit for the grant of bail/bond. Their respective pre-bail reports are positive and their respective parents are each willing to provide security in accordance with Section 126 of Criminal Procedure Code and to serve as contact persons for their sons.
14. With regard to flight risk, to my mind the fact that both intend to reside with their respective parents and both accused persons are willing to comply with any conditions on movement and residence mitigates the risk significantly.
15. The negative views of the victim’s family, while legitimate and deserving of respect, must be weighed against the constitutional presumption of innocence and the right to liberty. No material has been placed before this Court to demonstrate that the accused persons are likely to interfere with witnesses or otherwise obstruct the course of justice.
16. The Prosecution are not opposed and did not file any affidavit to counter the application for bail bond.
17. In the circumstances, the Court finds that no compelling reasons have been established to justify denial of bail/bond, and that both the 3 rd and 4 th Accused Persons should be granted bond on reasonable terms.
18. For the avoidance of doubt, the grant of bail/bond is not an acquittal nor is it a statement that an acquittal is likely. It is merely a temporary release of an accused person pending full trial in line with the constitutional guarantee of the grant of the same in appropriate circumstances.
Disposition
19. Consequently, the application for bail/bond made orally on 18/12/2025 is allowed on the following terms:
a) The 3 rd Accused, Dennis Mwangi Njenga AKA Mento, is granted bond of KShs 1.5 million with one surety of a similar amount;
b) The 4 th Accused, Samuel Machura Wanjiru AKA Mashu, is granted bond of KShs1.5 million with one surety of a similar amount;
c) The 3 rd and 4 th Accused Persons shall each provide two contact persons, one of whom in each case must be an adult blood relative;
d) The 3 rd and 4 th Accused Persons shall attend Court whenever they are each required to until the case is fully determined;
e) The 3 rd and 4 th accused shall each inform the Investigating Officer of where they shall be residing and shall each update the Investigating Officer if they change residence;
f) The 3 rd and 4 th Accused Persons are ordered not to communicate with any prosecution witnesses or to in any way interfere with the witnesses or evidence herein;
g) The 3 rd and 4 th Accused shall each not leave the territory of Kenya without the express order of this Court;
h) The 3 rd and 4 th Accused Persons shall each not apply for any passport or international travel document without the leave of this Court, and if either of them have a passport the same shall be deposited in Court for the duration of the trial and shall only be released upon successful application to Court; and
i) Failure to abide with the conditions above will render the bond terms cancelled, and the non-compliant accused person(s) shall be remanded in custody for the remainder of the trial.
It is so ordered.
DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS THIRTIETH DAY OF APRIL 2026
……………………………………………………………
BAHATI MWAMUYE MBS
JUDGE
In the presence of:
Prosecution – Ns. Caroline Muriu
Counsel for the 1 st and 2 nd Accused – Ms. Githinji
Counsel for the 3 rd Accused – Mr. Njung’e
Counsel for the 4 th Accused – Mr. Njung’e
1 st Accused – Moses Kinyanjui Njenga alias Mose
2 nd Accused – Elizabeth Wanjiku Kanyiri
3 rd Accused – Dennis Mwangi Njenga alias Mento
4 th Accused – Samuel Machura Wanjiru alias Mashu
Court Assistant – Mr. Sanja
Legal Intern – Ms. Lizannete Gacoki
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IN THE HIGH COURT OF KENYA AT KIAMBU
CRIMINAL DIVISION
CRIMINAL NO. E022 0F 2025
REPUBLIC ………………………………………………..……………….………………PROSECUTOR
VERSUS
DENNIS MWANGI NJENGA ALIAS MENTO ……………………….………...3 RD ACCUSED
SAMUEL MACHURA WANJIRU ALIAS MASHU ……………….……………4 TH ACCUSED
RULING
(ON THE 3 RD AND 4 TH ACCUSED PERSONS’ ORAL APPLICATION FOR BAIL/BOND MADE ON 18 TH OF DECEMBER 2025)
Introduction
1. This Ruling relates to an oral application for bail/bond for the remainder of the trial. The application was made orally in court on 18/12/2025 before the Hon. Lady Justice D.O. Chepkwony and was brought under Article 49(1)(h ) of the Constitution, which guarantees the right to bail unless there are compelling reasons for denial.
2. The Prosecution did not file any affidavit in opposition hence showing, that it does not oppose the application.
3. Pre-bail reports with respect both the 3 rd and 4 th Accused Persons were duly prepared and submitted pursuant to the directions of this Court.
4. By consent, the Parties agreed that this Judge should consider the oral application based on the typed proceedings of 18/12/2025 and notwithstanding that the oral application was argued before another judge.
Background
5. The 3 rd and 4 th accused herein, Dennis Mwangi Njenga alias Mento and Samuel Machura Wanjira alias Mashu respectively are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars thereof being that on the 25/08/2025 at Muthiga Area in Kikuyu Sub-County within Kiambu county jointly with others murdered David Murithi Nyaga. Both the 3 rd and 4 th Accused Persons denied committing the offence.
Pre-Bail Report
6. With regard to the 3 rd Accused Person , a Pre-Bail Report dated 24/04/2026 was prepared and submitted. The Report filed shows that the 3 rd Accused Person is 28 years old and has never been charged in a court of law and hence has no previous criminal history. His parents are willing to deposit their title deed as surety. The parents have also committed themselves as contact persons to ensure adherences to the court’s terms if bail/bond is granted. As per the Report, the local administration and the local community have no opposition to the 3 rd Accused Person being granted bail/bond.
7. The Report also shows that the victim’s family is opposed to the 3 rd Accused Person being granted bail/bond. The reason they advance is that the deceased victim was a retired intelligence officer and they suspect that perhaps his murder was linked to his past activities within the National Intelligence Service (NIS).
8. With regard to the 4 th Accused Person , the Report dated 30/04/2026 shows that he is 34 years old, a father of one child, and a sole breadwinner. His mother, who commits to act as the primary contact person, is willing to deposit a title deed to her piece of land in court. The local administration and community members have no opposing reviews to the 4 th Accused Person receiving a grant of bail/bond.
9. The Report also shows that the victim’s family is opposed to the 4 th Accused Person being granted bail/bond. The reason they advance is that the deceased victim was a retired intelligence officer and they suspect that perhaps his murder was linked to his past activities within the National Intelligence Service (NIS).
The Applicable Law
10. The right to bail or bond is a fundamental constitutional guarantee aimed at balancing an accused person's right to liberty with the interests of justice. Under Article 49(1)(h), every arrested person the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons to justify continued detention.
11. Section 123A of the Criminal Procedure Code further guides the Court to consider, inter alia , the nature and seriousness of the offence, the character of the accused, the likelihood of absconding, and the potential interference with witnesses when considering the question of bail/bond with respect to an accused person.
Analysis and determination
12. The sole issue for determination is whether in the circumstances of the matter it is fit, just, and proper for the 3 rd and/or 4 th Accused Persons to be granted bail/bond.
13. In my consideration, both the 3 rd Accused Person and the 4 th Accused Person are fit for the grant of bail/bond. Their respective pre-bail reports are positive and their respective parents are each willing to provide security in accordance with Section 126 of Criminal Procedure Code and to serve as contact persons for their sons.
14. With regard to flight risk, to my mind the fact that both intend to reside with their respective parents and both accused persons are willing to comply with any conditions on movement and residence mitigates the risk significantly.
15. The negative views of the victim’s family, while legitimate and deserving of respect, must be weighed against the constitutional presumption of innocence and the right to liberty. No material has been placed before this Court to demonstrate that the accused persons are likely to interfere with witnesses or otherwise obstruct the course of justice.
16. The Prosecution are not opposed and did not file any affidavit to counter the application for bail bond.
17. In the circumstances, the Court finds that no compelling reasons have been established to justify denial of bail/bond, and that both the 3 rd and 4 th Accused Persons should be granted bond on reasonable terms.
18. For the avoidance of doubt, the grant of bail/bond is not an acquittal nor is it a statement that an acquittal is likely. It is merely a temporary release of an accused person pending full trial in line with the constitutional guarantee of the grant of the same in appropriate circumstances.
Disposition
19. Consequently, the application for bail/bond made orally on 18/12/2025 is allowed on the following terms:
a) The 3 rd Accused, Dennis Mwangi Njenga AKA Mento, is granted bond of KShs 1.5 million with one surety of a similar amount;
b) The 4 th Accused, Samuel Machura Wanjiru AKA Mashu, is granted bond of KShs1.5 million with one surety of a similar amount;
c) The 3 rd and 4 th Accused Persons shall each provide two contact persons, one of whom in each case must be an adult blood relative;
d) The 3 rd and 4 th Accused Persons shall attend Court whenever they are each required to until the case is fully determined;
e) The 3 rd and 4 th accused shall each inform the Investigating Officer of where they shall be residing and shall each update the Investigating Officer if they change residence;
f) The 3 rd and 4 th Accused Persons are ordered not to communicate with any prosecution witnesses or to in any way interfere with the witnesses or evidence herein;
g) The 3 rd and 4 th Accused shall each not leave the territory of Kenya without the express order of this Court;
h) The 3 rd and 4 th Accused Persons shall each not apply for any passport or international travel document without the leave of this Court, and if either of them have a passport the same shall be deposited in Court for the duration of the trial and shall only be released upon successful application to Court; and
i) Failure to abide with the conditions above will render the bond terms cancelled, and the non-compliant accused person(s) shall be remanded in custody for the remainder of the trial.
It is so ordered.
DATED, SIGNED, AND DELIVERED AT KIAMBU ON THIS THIRTIETH DAY OF APRIL 2026
……………………………………………………………
BAHATI MWAMUYE MBS
JUDGE
In the presence of:
Prosecution – Ns. Caroline Muriu
Counsel for the 1 st and 2 nd Accused – Ms. Githinji
Counsel for the 3 rd Accused – Mr. Njung’e
Counsel for the 4 th Accused – Mr. Njung’e
1 st Accused – Moses Kinyanjui Njenga alias Mose
2 nd Accused – Elizabeth Wanjiku Kanyiri
3 rd Accused – Dennis Mwangi Njenga alias Mento
4 th Accused – Samuel Machura Wanjiru alias Mashu
Court Assistant – Mr. Sanja
Legal Intern – Ms. Lizannete Gacoki
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