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JudgmentThe Republic VS JOSHUA SILA NZILANI2 min read

The Republic VS JOSHUA SILA NZILANI

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


  1. Joshua Sila Nzilani is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 23/10/2023 at Ndalani Village, Kaboo Sub-location, Kiboko Location, Makindu Sub-county Makueni County he murdered Emmanuel Muasa Mue.
  2. Accused took plea on 5/3/2024. He pleaded not guilty.
  3. There was no objection to bond by the prosecution.
  4. The pre-bail report was filed on 19/03/2021.
  5. The report presents a 30-year-old man – son of a single mother who is deceased. It does not say when she died but the report states the relatives are unwilling to stand surety for him because he has had

bad behaviour for the last 10 years – he is described as stubborn, a nuisance, as having grown up with aggression, involved in fights

and creating disturbance in the community, assaulted the deceased, abuses alcohol, miraa and bhang and that the victim was the maternal uncle.

  1. It is noteworthy that the report indicates that the family of the accused has a history of mental illness. The report concludes that the accused is a flight risk that he cannot be trusted to live in peace at home and the home environment is a threat to his own safety – hence is not suitable for bond consideration.
  2. The conclusion by the PACs officer is a mis-direction. The accused can only be denied bond for compelling reasons established through evidence by the prosecution– where the accused person is accorded the opportunity to challenge the same.
  3. The report is useful in establishing the social –economic, psycho social state of the accused- and the views of the victims of the offence – which must be considered in determining bond.
  4. In the circumstance of this case - every negative there is about the accused himself – and that can be dealt with by way of conditional bond terms
  5. It is also evident that the accused may require counselling to deal with the issues emerging from the report. PACs must remember that remand prison does not provide the space to heal broken persons, or persons with mental health issues. The officers must, when they find these challenges within the community come up with innovative recommendations on how to assist the families to deal with the issues even as the cases are going on in court.
  6. In this case, the accused person appears to have such issues
  7. I direct that he be accorded counselling services while he is in custody. This order be served upon the officer  in charge Remand Prison  Makueni to ensure Compliance.
  8. He is admitted to bond of Ksh. 150,000/= with surety of similar amount, and if released to continue with the counselling  and any other necessary treatment.
  9. He shall stay away from the family of the deceased.
  10. Orders Accordingly

Dated signed and delivered, this 16th day of April, 2024.


    The Republic VS JOSHUA SILA NZILANI The Republic VS JOSHUA SILA NZILANI