1. The 1 st Accused Mary Scovian Ojiambo and 2 nd Accused Margaret Ndanu Wambua are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of Penal Code.
2. The Particulars of offence are that on 20/7/2023 at 1100hrs at Kithembe Area in Kariobangi within Starehe Sub County within Nairobi County, jointly murdered Florence Atieno Odhiambo.
3. On 17/8/2023, the mental assessment reports indicated that both were FIT TO PLEAD. The Charge/Information was read to each of the Accused persons and each pleaded NOT GUILTY.
4. On 17/10/2023 the Presiding Judge granted each of the Accused persons bond of Ksh 300,000/- with 1 surety each. The conditions were that they are not to leave the Republic without authorization of the Court; they are to attend all Court sessions and should not under any circumstances have contact with any of the witnesses.
In default their bail/bond will be cancelled and sureties called to account.
5. On 16/9/2025, both Advocates for both Accused persons were in Court on line after the Advocate for 2 nd Accused person was newly appointed and had just come on record; the 2 nd Accused person raised issue with legal representation, that she had never met her Advocate. She is in custody and has a child aged 3 years old and would like to take home.
6. The Court granted orders for Probation Officer to prepare and present a Report and Children Officer to take up the matter regarding the child and inform the Court the way forward.
7. The matter was for hearing on 3/11/2025 but did not proceed as ODPP was indisposed and 2 nd Accused person’s Advocate was absent.
8. On 24/11/2025, the 1 st & 2 nd Accused persons were present, Ms Tum for ODPP was present and Advocate for 2 nd Accused person was present too.
9. The Parties mainly 2 nd Accused Advocate and ODPP were to file skeletal submissions on bail/bond review.
10. The Reports from Probation Officer and Children Officer to be availed.
11. At the time of writing this Ruling, Parties did not file written submissions and the Children Officer did not make any contact or tender any information as to the existence of the child or not as alleged by the 2 nd Accused person.
12. I have also found in the Court file comprehensive Bail Report filed on 11/11/2025. The Report gives insight as to the new development; the child the 2 nd Accused person is holding in prison while she awaits trial. Once the child gets to 4 years the child is taken away from Prison.
13. The Report details the 2 nd Accused person’s family background and is from a family of 8 children close knit and hails from Kitui County.The 2 nd Accused person’s Personal history she has an immediate family ; husband and 3 children and worked and lived together until the incident that led to present state of affairs and led to disintegration of the family.
14. The 2 nd Accused person has not had a previous criminal record and is not exposed to drug and substance abuse.
15. The Victim family concerns are that at the time of unfortunate death she resided worked in Korogocho.
She was a mother of 4 children and sole provider of the immediate family. Her untimely death left a deep emotional and economic void in the family. The Victim’s family have no objection to bail/bond review.
16. The charge preferred is serious the circumstances were unforeseen and regrettable that led to demise of victim a neighbor and friend/co- worker. The 2 nd accused is presumed innocent until proved guilty and bail and bond is to ensure attendance of Court proceedings and seeks the bond/bail review due to release of the child in custody who will soon be due to be taken care of outside Prison.
17. On 17/10/2023 bond was granted of Ksh 300,000/- with 1 surety each. The 1 st Accused is out on bond but for 2 nd Accused person she was not able to manage the bond terms. She has been in custody since 2023 todate and unfortunately, the hearing has not commenced. The new development is of the youngest child whom she has taken care of while in prison who has attained 3 years old and according to Prison regulations at 4 years old should leave Prisons for better care.
18. Children are protected by Art 53 of the Constitution and their interests are paramount.
19. The 2 nd Accused person has no character antecedents as shown in the Report and no Affidavit opposing review of bail/bond was filed nor submissions by ODPP to the contrary.
20. The immediate and extended family of 2nd Accused person is supportive and victim family have no objection to review of vail and bond.
DISPOSITION
21. Therefore, this Court considers the totality of the above circumstances and the Pre-Bail report on review and utmost the best interest of the child and grants review of bail/bond terms as follows;
22. The 2 nd Accused Margaret Ndanu Wambua is granted bond of Ksh 100,000/- with 1 surety or Cash bail of Ksh 50,000/- with details of contact person/husband on verified ID card from National Bureau of Registration of Persons or Payslip or Chief’s letter.The conditions of bail/bond set for 1 st Accused shall equally apply herein.
HIGH COURT CRIMINAL CASE E052 OF 2023 NHC 2
2. The Particulars of offence are that on 20/7/2023 at 1100hrs at Kithembe Area in Kariobangi within Starehe Sub County within Nairobi County, jointly murdered Florence Atieno Odhiambo.
3. On 17/8/2023, the mental assessment reports indicated that both were FIT TO PLEAD. The Charge/Information was read to each of the Accused persons and each pleaded NOT GUILTY.
4. On 17/10/2023 the Presiding Judge granted each of the Accused persons bond of Ksh 300,000/- with 1 surety each. The conditions were that they are not to leave the Republic without authorization of the Court; they are to attend all Court sessions and should not under any circumstances have contact with any of the witnesses.
In default their bail/bond will be cancelled and sureties called to account.
5. On 16/9/2025, both Advocates for both Accused persons were in Court on line after the Advocate for 2 nd Accused person was newly appointed and had just come on record; the 2 nd Accused person raised issue with legal representation, that she had never met her Advocate. She is in custody and has a child aged 3 years old and would like to take home.
6. The Court granted orders for Probation Officer to prepare and present a Report and Children Officer to take up the matter regarding the child and inform the Court the way forward.
7. The matter was for hearing on 3/11/2025 but did not proceed as ODPP was indisposed and 2 nd Accused person’s Advocate was absent.
8. On 24/11/2025, the 1 st & 2 nd Accused persons were present, Ms Tum for ODPP was present and Advocate for 2 nd Accused person was present too.
9. The Parties mainly 2 nd Accused Advocate and ODPP were to file skeletal submissions on bail/bond review.
10. The Reports from Probation Officer and Children Officer to be availed.
11. At the time of writing this Ruling, Parties did not file written submissions and the Children Officer did not make any contact or tender any information as to the existence of the child or not as alleged by the 2 nd Accused person.
12. I have also found in the Court file comprehensive Bail Report filed on 11/11/2025. The Report gives insight as to the new development; the child the 2 nd Accused person is holding in prison while she awaits trial. Once the child gets to 4 years the child is taken away from Prison.
13. The Report details the 2 nd Accused person’s family background and is from a family of 8 children close knit and hails from Kitui County.The 2 nd Accused person’s Personal history she has an immediate family ; husband and 3 children and worked and lived together until the incident that led to present state of affairs and led to disintegration of the family.
14. The 2 nd Accused person has not had a previous criminal record and is not exposed to drug and substance abuse.
15. The Victim family concerns are that at the time of unfortunate death she resided worked in Korogocho.
She was a mother of 4 children and sole provider of the immediate family. Her untimely death left a deep emotional and economic void in the family. The Victim’s family have no objection to bail/bond review.
16. The charge preferred is serious the circumstances were unforeseen and regrettable that led to demise of victim a neighbor and friend/co- worker. The 2 nd accused is presumed innocent until proved guilty and bail and bond is to ensure attendance of Court proceedings and seeks the bond/bail review due to release of the child in custody who will soon be due to be taken care of outside Prison.
17. On 17/10/2023 bond was granted of Ksh 300,000/- with 1 surety each. The 1 st Accused is out on bond but for 2 nd Accused person she was not able to manage the bond terms. She has been in custody since 2023 todate and unfortunately, the hearing has not commenced. The new development is of the youngest child whom she has taken care of while in prison who has attained 3 years old and according to Prison regulations at 4 years old should leave Prisons for better care.
18. Children are protected by Art 53 of the Constitution and their interests are paramount.
19. The 2 nd Accused person has no character antecedents as shown in the Report and no Affidavit opposing review of bail/bond was filed nor submissions by ODPP to the contrary.
20. The immediate and extended family of 2nd Accused person is supportive and victim family have no objection to review of vail and bond.
DISPOSITION
21. Therefore, this Court considers the totality of the above circumstances and the Pre-Bail report on review and utmost the best interest of the child and grants review of bail/bond terms as follows;
22. The 2 nd Accused Margaret Ndanu Wambua is granted bond of Ksh 100,000/- with 1 surety or Cash bail of Ksh 50,000/- with details of contact person/husband on verified ID card from National Bureau of Registration of Persons or Payslip or Chief’s letter.The conditions of bail/bond set for 1 st Accused shall equally apply herein.
HIGH COURT CRIMINAL CASE E052 OF 2023 NHC 2