1. Martha Wanjiku Thiini and SWT, the Accused and child in conflict with the law (Subject) respectively, face the charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence thereof being that on the night of 19 th and 20 th August, 2026 at Sipili Area in Kirima Sub-County within Laikipia County, murdered Joseph Thiini Maina.
2. They denied the information presented by the Director of Public Prosecutions, hence seek bail pending trial. Through learned defence counsel Ms. Mureithi, it is urged that both of them are not flight risks and they have a permanent abode in Laikipia County. That SWT is a student at Marmanet Secondary School who is scheduled to sit for the national examination that begins on 30 th October, 2026.
3. The State through learned prosecution counsel Ms. Mumbe is not opposed to the release of the Accused and Subject on bond.
4. In order to obtain some background information regarding suitability of the Accused and the Subject for bail the court called for pre-bail reports. Per the report, the Accused was married to the deceased and the Subject is their last-born son. Prior to the deceased’s mortal remains being found in a borehole at the homestead he had disappeared for a week. The secondary victims, the children of the deceased and his siblings are not opposed to the Accused and Subject’s release on bail.
5. The community through the local administration reported that the situation on the ground is calm and there are no threats of revenge or mob justice against the Accused and the Subject. That they can reside peacefully in the area under supervision of the elders of Nyumba kumi. It is hence the recommendation of the Probation Officer that the Accused be granted bail on stringent terms to ensure her attendance.
6. On the part of the Subject just like the Accused the extended family is willing to deposit a title deed to secure his release. There is no hostility towards him by the community as he is not perceived to be a security threat. It was recommended that he be released on a personal bond.
7. The Sub-County Children Officer, Nyahururu, filed a report in his regard. It is confirmed that the Subject is expected to sit for the Kenya Certificate of Secondary Education (KCSE). It is recommended by the officer, Mr. J.K. Chege, that the Subject be released to his elder brother Samuel Mutua who has pledged to produce him in court as directed. That, being on bond would enable him to sit his KCSE examination but there was need to administer a warning to him of not being a flight risk.
8. I have considered the oral application and submissions in that regard. It is an Accused person’s right to be released on bond pending trial unless circumstances exist that require incarceration during trial. Article 49(1)(h) of the Constitution provides thus;
(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
9. Circumstances that may persuade the court to deny an accused person bail which amount to compelling reasons were stated in Republic v Joktan Mayende & 3 Others [2012] KEHC 5551 (KLR) thus;
“…..the phrase compelling reasons would denote reasons that are forceful and convincing as to make the court feel very strongly that the accused should not be released on bond. Bail should not therefore be denied on flimsy grounds but on real and cogent grounds that meet the high standard set by the Constitution.”
10. The Judiciary Bail and Bond Guidelines, 2025 pg. 25 sets parameters to the question of bail. It provides for circumstances under which an accused may be denied bond as follows;
a. that the accused person is likely to fail to attend court proceedings; or
b. that the accused person is likely to commit, or abet the commission of, a serious offence; or
c. That the exception to the right to bail stipulated under Section 123a of the criminal Procedure code is applicable in the circumstances; or
d. that the accused person is likely to endanger the safety of victims, individuals or the public; or
e. that the accused person is likely to interfere with witnesses or evidence; or
f. that the accused person is likely to endanger national security; or
g. that it is in the public interest to detain the accused person in custody.
11. Section 123 A of the Criminal Procedure Code provides thus;
Exception to right to bail
(1)Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—
(a)the nature or seriousness of the offence;
(b)the character, antecedents, associations and community ties of the accused person;
(c)the defendant's record in respect of the fulfillment of obligations under previous grants of bail; and;
(d)the strength of the evidence of his having committed the offence;
(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—
(a)has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody;
(b)should be kept in custody for his own protection.
12. From the above reading it is clear that an accused person’s liberty can only be hampered if the prosecution establishes that he will not turn up for trial and he may obstruct the course of justice. Murder is a serious offence that carries severe penalty. Due to the overwhelming fear of being sentenced up to death, a person indicted may be tempted to flee.
13. In the instant case bail is not opposed by the prosecution. The question of the body of the deceased having been found in a borehole in the homestead which was covered a week after he went missing will be interrogated at trial. Since the Accused and Subject are perceived innocent until the contrary is proven. I grant orders thus;
(i) The Accused shall be released on bond of Kshs.1,000,000/- with a surety in a like sum.
(ii) The Subject may be released on bond of Kshs.50,000/- with a surety in a like sum or cash bail of Kshs.10,000/- with Samuel Mutua being a contact person.
14. It is so ordered.
HCCR E013 OF 2026 (RUL.) Page 2 of 2
2. They denied the information presented by the Director of Public Prosecutions, hence seek bail pending trial. Through learned defence counsel Ms. Mureithi, it is urged that both of them are not flight risks and they have a permanent abode in Laikipia County. That SWT is a student at Marmanet Secondary School who is scheduled to sit for the national examination that begins on 30 th October, 2026.
3. The State through learned prosecution counsel Ms. Mumbe is not opposed to the release of the Accused and Subject on bond.
4. In order to obtain some background information regarding suitability of the Accused and the Subject for bail the court called for pre-bail reports. Per the report, the Accused was married to the deceased and the Subject is their last-born son. Prior to the deceased’s mortal remains being found in a borehole at the homestead he had disappeared for a week. The secondary victims, the children of the deceased and his siblings are not opposed to the Accused and Subject’s release on bail.
5. The community through the local administration reported that the situation on the ground is calm and there are no threats of revenge or mob justice against the Accused and the Subject. That they can reside peacefully in the area under supervision of the elders of Nyumba kumi. It is hence the recommendation of the Probation Officer that the Accused be granted bail on stringent terms to ensure her attendance.
6. On the part of the Subject just like the Accused the extended family is willing to deposit a title deed to secure his release. There is no hostility towards him by the community as he is not perceived to be a security threat. It was recommended that he be released on a personal bond.
7. The Sub-County Children Officer, Nyahururu, filed a report in his regard. It is confirmed that the Subject is expected to sit for the Kenya Certificate of Secondary Education (KCSE). It is recommended by the officer, Mr. J.K. Chege, that the Subject be released to his elder brother Samuel Mutua who has pledged to produce him in court as directed. That, being on bond would enable him to sit his KCSE examination but there was need to administer a warning to him of not being a flight risk.
8. I have considered the oral application and submissions in that regard. It is an Accused person’s right to be released on bond pending trial unless circumstances exist that require incarceration during trial. Article 49(1)(h) of the Constitution provides thus;
(1) An arrested person has the right—
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
9. Circumstances that may persuade the court to deny an accused person bail which amount to compelling reasons were stated in Republic v Joktan Mayende & 3 Others [2012] KEHC 5551 (KLR) thus;
“…..the phrase compelling reasons would denote reasons that are forceful and convincing as to make the court feel very strongly that the accused should not be released on bond. Bail should not therefore be denied on flimsy grounds but on real and cogent grounds that meet the high standard set by the Constitution.”
10. The Judiciary Bail and Bond Guidelines, 2025 pg. 25 sets parameters to the question of bail. It provides for circumstances under which an accused may be denied bond as follows;
a. that the accused person is likely to fail to attend court proceedings; or
b. that the accused person is likely to commit, or abet the commission of, a serious offence; or
c. That the exception to the right to bail stipulated under Section 123a of the criminal Procedure code is applicable in the circumstances; or
d. that the accused person is likely to endanger the safety of victims, individuals or the public; or
e. that the accused person is likely to interfere with witnesses or evidence; or
f. that the accused person is likely to endanger national security; or
g. that it is in the public interest to detain the accused person in custody.
11. Section 123 A of the Criminal Procedure Code provides thus;
Exception to right to bail
(1)Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—
(a)the nature or seriousness of the offence;
(b)the character, antecedents, associations and community ties of the accused person;
(c)the defendant's record in respect of the fulfillment of obligations under previous grants of bail; and;
(d)the strength of the evidence of his having committed the offence;
(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—
(a)has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody;
(b)should be kept in custody for his own protection.
12. From the above reading it is clear that an accused person’s liberty can only be hampered if the prosecution establishes that he will not turn up for trial and he may obstruct the course of justice. Murder is a serious offence that carries severe penalty. Due to the overwhelming fear of being sentenced up to death, a person indicted may be tempted to flee.
13. In the instant case bail is not opposed by the prosecution. The question of the body of the deceased having been found in a borehole in the homestead which was covered a week after he went missing will be interrogated at trial. Since the Accused and Subject are perceived innocent until the contrary is proven. I grant orders thus;
(i) The Accused shall be released on bond of Kshs.1,000,000/- with a surety in a like sum.
(ii) The Subject may be released on bond of Kshs.50,000/- with a surety in a like sum or cash bail of Kshs.10,000/- with Samuel Mutua being a contact person.
14. It is so ordered.
HCCR E013 OF 2026 (RUL.) Page 2 of 2