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JudgmentThe Republic VS JOHN MUSEMBI MUENDO2 min read

The Republic VS JOHN MUSEMBI MUENDO

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


  1. The applicant was charged with murder c/s 203 as read with s. 204 of the Penal Code. It was alleged that on the 4th May 2020 at Iuani village Makueni sub County within Makueni County he murdered NDULA KIANGA MAVINDU.
  2. He denied the charge and was granted bond of Ksh 200,000 With a Surety of the same amount on 30th June 2020.
  3. By the time of the application for review through his advocate Mr. Hassan on 13th February 2024  he had not been able to raise the bond terms. Mr. Hassan proposed cash bail.
  4. I sought a bail review report from Probation and after care services and a report was filed on 6th March 2024.
  5. Article 49(1)( h) provides  that an arrested person has the right among others to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
  6. The accused person is undergoing trial and his family has completely been unable to afford bail
  7. The paragraph 4.31 of the Bail and Bond policy Guidelines states that ta court may grant conditional bail /bond  Provided that bail conditions should be reasonable, proportionate to the offence for which bail is granted, appropriate to the risks in relation to which they are imposed, and take into account the individual circumstances of the accused person.
  8. The seriousness of the case alone should not be a bar to bond
  9. In this case the accused is charged with murder. The matter is part heard before me.
  10. The Bail Review report indicates that the accused is not a flight risk, the family is positive that he will abide by the bail terms and will appear in court as and when required to do so.
  11. I have carefully considered the report and policy guidelines. I am aware that bond is really a commitment by an accused person that if released from custody he will appear for his trial until the matter is determined.
  12. In this case the family is ready and able to raise a cash bail of Ksh 100,000. The State left it to the discretion of the court.
  13. The victims of the alleged offence are family members and they have, together with the local administration vouched for the accused person’s attendance to the court hearings. 
  14. It appears reasonable in the circumstances to grant the review
  15. In the circumstances bail terms are reviewed as follows: The accused may be released on a bond of Ksh 200,000 with a surety of the same amount or cash bail of Ksh 100,000.
  16. For the cash bail, the depositor with provide a copy of the national identity card, full contacts, an introductory letter from the chief and a full photo. The accused’s parents will also provide copies of their identity cards, their photos and contacts. DR to verify.
  17. Upon release the accused will report to the PACs officer either in person or in the most convenient and cost effective way every 5th day of the month until the matter is determined.
  18. He will provide a copy of National Identity card, and photo to court on his nest appearance.
  19. Orders accordingly


    The Republic VS JOHN MUSEMBI MUENDO The Republic VS JOHN MUSEMBI MUENDO