- The accused person is charged with murder contrary to section 203 as read with 204 of the penal code(Cap 63) Laws of Kenya.
Particulars of the offence is that, Joseph Mutuku Mutinda on the 9th day of November, 2023 at unknown time at Baraka Estate, Mwaani area in Wote township, in Makueni Sub-County within Makueni County, murdered Bernadette Mutindi Vincent.
- He took plea on 18/12/2023 - and pleaded not guilty.
- The prosecution opposed bond vide application dated 13/12/2023 supported by the affidavit of No. 83295 CPL Joseph Karisa in which he depones;
- That on 09/11/2023 it was reported by one Everlyne Mbaika Makau that there was a murder incident at Baraka Estate, Mwaani Village, Wote Township.
- That the police rushed to the scene at Baraka Estate and found the deceased namely Bernadette Mutindi Vincent aged 27 years who was staying with her boyfriend namely Joseph Mutuku Mutinda (respondent), lying on the floor of their bedroom dead with several panga cuts on her head. Body was first discovered by her sister namely Josephine Nyiva Kinama who was living with the respondent and deceased in the same house.
- That scene was processed and a panga believed to be the murder weapon and other exhibits recovered at the scene. Respondent went into hiding, but was found and arrested on 12/11/2023.
- That the respondent is a flight risk and that he may disappear if granted bond, since he went into hiding after committing the offence.
- That the respondent may interfere with the witnesses.
- That the deceased’s sister namely Josephine Nyiva Kinama who is a crucial witness is fearing for her life if the respondent is released on bond.
- That he prays that this honorable court finds merit in their objection to accused’s request to be granted bond.
- There has been no response to the application by the defence.
- I sought a pre-bail report from probation and after care services. It was filed on 6/3/2024.
- The report confirms that the accused may be a flight risk, and the family of the deceased are still in fear following the murder of their kin. In addition, his security may not be guaranteed due to the hostility in the community emanating from the community, in view of the offence he is alleged to have committed.
- In determining whether or not there are compelling reasons to deny the accused bond I keep in mind Article 49(1)(h) of the Constitution of Kenya which states; (1) An arrested person has the right ( inter alia) —(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. I have considered the application - the pre-bail report and that the accused is presumed innocent until proven guilty
- Can this accused person be released on bond as yet?.
- There are genuine concerns about the accused’s safety. While the state has the apparatus to keep everyone secure it would be a long shot to imagine that this would happen for a specific individual out there in the community. The court can, and does out of necessity keep the accused in custody for the period of the perceived danger.
- The matter come up for hearing on 22nd, 28th & 29th May, 2024 and perhaps after that the tensions will be down and the accused can enjoy his liberty.
- Hence I find that there is need to suspend the accused’s release to after the hearing in May.
- Consequently, he is admitted to bond of Ksh. 300,000 with surety of similar amount suspended till after the 29/5/2024 .