RULING
1. The Applicant herein is facing the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The Applicant has been in custody since he was arrested in 2022 and seeks to be released on bond pending trial.
2. The Application is opposed by the prosecution who had, vide an application dated 18.8.22, sought that the Accused be remanded in Malindi GK Prison till conclusion of the case against him. In an affidavit sworn on even date, No. 113722 PC George Nangoye averred that the investigation strongly connected the Accused to the offence with which he has been charged. He added that the Accused was contemplating fleeing the jurisdiction of this Court but was prevented by his prompt arrest. If released, he may flee and getting him will be a problem. Further that intelligence revealed a plot by irate members of the public to subject the Accused to retaliatory mob injustice. As such, the Accused’s life will be in grave danger if released on bond. Further that witnesses may be interfered with or threatened given that most are family members of the Accused. The Court was urged to deny the Accused bond for his own safety and in the interest of justice.
3. When the application for bond was renewed on 18.3.25, the prosecution opposed the same and relied on the affidavit on record.
4. In a pre-bail report dated 20.4.24, the probation officer stated that from his inquiries, the Accused is well known and regarded in the community; that the victims who are the Accused siblings are traumatised and struggling to come to terms with the loss of their father; that they and the community however vouched for the Accused’s character and that he is welcome back to the village; that the Accused is a family man with 7 children and took care of his father, the deceased; that his children are suffering as their mother went away to an unknown location; that there is minimal likelihood for interference or revenge within the family or community; that the Accused is also not a flight risk. The report concluded that the Accused may be considered for lenient bond terms.
5. Article 49(1)(h) of the Constitution provides that an arrested person has the right 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. It is noted that the Prosecution did not file any affidavit to counter the contents of the pre-bail report and opted to rely on the averments made in 2022. From the pre-bail report, the circumstances pertaining in 2022 appear to have changed. I accordingly find no compelling reason to deny the Accused bond.
7. The Court notes that the Accused has been in custody since August 2022, yet hearing of the case is yet to commence. I direct that he may be released on a bond of Kshs. 200,000/= with 1 surety in the same amount or cash bail of Kshs. 100,000/=. I further direct the Prosecution to expedite the hearing of this case so that the same is concluded without further delay.
DATED, SIGNED and DELIVERED in MALINDI this 25th day of April 2025
1. The Applicant herein is facing the charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The Applicant has been in custody since he was arrested in 2022 and seeks to be released on bond pending trial.
2. The Application is opposed by the prosecution who had, vide an application dated 18.8.22, sought that the Accused be remanded in Malindi GK Prison till conclusion of the case against him. In an affidavit sworn on even date, No. 113722 PC George Nangoye averred that the investigation strongly connected the Accused to the offence with which he has been charged. He added that the Accused was contemplating fleeing the jurisdiction of this Court but was prevented by his prompt arrest. If released, he may flee and getting him will be a problem. Further that intelligence revealed a plot by irate members of the public to subject the Accused to retaliatory mob injustice. As such, the Accused’s life will be in grave danger if released on bond. Further that witnesses may be interfered with or threatened given that most are family members of the Accused. The Court was urged to deny the Accused bond for his own safety and in the interest of justice.
3. When the application for bond was renewed on 18.3.25, the prosecution opposed the same and relied on the affidavit on record.
4. In a pre-bail report dated 20.4.24, the probation officer stated that from his inquiries, the Accused is well known and regarded in the community; that the victims who are the Accused siblings are traumatised and struggling to come to terms with the loss of their father; that they and the community however vouched for the Accused’s character and that he is welcome back to the village; that the Accused is a family man with 7 children and took care of his father, the deceased; that his children are suffering as their mother went away to an unknown location; that there is minimal likelihood for interference or revenge within the family or community; that the Accused is also not a flight risk. The report concluded that the Accused may be considered for lenient bond terms.
5. Article 49(1)(h) of the Constitution provides that an arrested person has the right 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. It is noted that the Prosecution did not file any affidavit to counter the contents of the pre-bail report and opted to rely on the averments made in 2022. From the pre-bail report, the circumstances pertaining in 2022 appear to have changed. I accordingly find no compelling reason to deny the Accused bond.
7. The Court notes that the Accused has been in custody since August 2022, yet hearing of the case is yet to commence. I direct that he may be released on a bond of Kshs. 200,000/= with 1 surety in the same amount or cash bail of Kshs. 100,000/=. I further direct the Prosecution to expedite the hearing of this case so that the same is concluded without further delay.
DATED, SIGNED and DELIVERED in MALINDI this 25th day of April 2025