</><><>></><><>></><><>></><><>></><><><>></></><><>></><><>></><><>< style="font-size: 18px;">The accused person is charged with murder contrary to section 203 as read with Section 204 of the Penal Code. It is alleged that on the night of 4/9/2023 at 2000hrs at Kaiani Village, Kilimani the Mbooni East Subcounty within Makueni county he murdered Dorcus Wavinya David.
He took plea on 14/11/2023 and pleaded not guilty. Pending the Bail Report the court granted him bond of Kshs. 300,000 with a surety of similar amount. The report was filed on 19/12/2023 - and by then the accused had not been released on the bond terms for lack of a surety. I have perused the Bail Report. It raised 2 issues against the accused person’s bond. The fear of re victimization by the family of the deceased who was wife of the accused. The fear that the accused is a flight risk if released because the community is hostile to himThe fear that the accused will interfere with his children who were the witnesses of the crime herein.On the other hand his family is ready to stand surety for him as they are certain he will attend court. The report also states that the accused’s minor children “are living in trauma and fear since they witnessed their father killing their mother.” The report indicates that the children are aged 5, and 3 (twins)The Probation After Care Service Officer concludes that the accused is unsuitable for bond. My 1st concern is that there is no indication in the report, that anything has been done to safeguard the welfare of the three children – whether the Directorate of Children Services has been involved to secure them the psychosocial support that they need. These are children in need of care and protection. The Police officer who investigated case, and the ODPP - ought to have picked up the issue of the children and placed it with DCS so that a Protection and Care file would be opened for the children as is required by Section 144 of the Children Act. With respect to the accused’s bond - he has a right to the bond -unless compelling grounds are laid before the court to warrant denial.While the issue raised by the PACs officer are of concern, the prosecution and the police did find them serious enough to warrant objection to bond or an application to oppose bail. The issue of denial of bond is a serious issue requiring that evidence be availed and the accused be given the opportunity to challenge it. The PACS report by itself would not be sufficient to warrant the denial of bond but provides the court with a view of the accused in the community. The court has the power to give conditional bail to secure the liberty of the accused - and to secure the safety of the people at home. The state has the obligation to ensure the safety of the people involved. In the end I find that there are no compelling reasons to deny bond. But there are reasons to support conditional bail terms. The accused person may be release on bond of Ksh. 200,000 with a surety of similar amount. It is on condition that the accused shall not go to the home of his deceased wife or have any contact with his children without the supervision of a children officer The Probation and After Care Service and DCS to pursue the safeguarding of the welfare of the children through the opening of a P&C file before the Deputy RegistrarThe PACs officer to share all the relevant information on the family and the children with the DCS officer for this purpose.The DCS to avail a Children Officer’s Report within 14 days hereof in the P&C fileThe P&C file be mentioned before the Deputy Registrar for directions on the 25th April 2024These orders be served through the Registry upon the PACs and DCS officers for compliance.Orders accordingly. Dated signed and delivered, this 12th day of April, 2024.