RULING
- The accused Joseph Mutuku Mutinda is charged with murder contrary to section 203 as read with section 204 of the Penal Code.
- It is alleged that on 9/11/2023 at an unknown time at Baraka estate Mwaani area in Wote township, Makueni sub-county, Makueni county, murdered Bernadette Mutindi Vincent.
- He pleaded not guilty on 18/12/2023.
- On 19/3/2024 he was admitted to bond of Kshs. 300,000 which was suspended up to 29/5/2024 – the date after the hearing of the key witnesses as there was fear of interference with witnesses.
- Those witnesses have been heard – and it is alleged that the accused is unable to raise the bond of Kshs300,000/= and has sought review of the bond terms.
- I have sought a bail review report from PACS.
- There is fear from the victim’s family that the accused may re-victimize them. However, there appears to be no real threat as they have already testified - in addition, the local administration has indicated that accused is not a flight risk or a danger to the community or the family.
- His family is ready to stand surety for him and any fears of dealing with the family of the deceased can be dealt with through a conditional release.
- I have considered the report, the socio – economic status of the family – and direct that the bond terms be revised as follows:
- Bond of Kshs. 300,000/= with a surety of similar amount is revised to bond of Ksh. 100,000/= with surety of similar amount.
Dated, signed and delivered this 26th July 2024
Mumbua T Matheka
Judge