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Titus Wahome Kihumba, the Accused, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, following allegations of having murdered Francis Waweru Ndung’u (Deceased) on 10 th May,2025, at Seria centre of Thigio sub-location within Nyahururu Sub-County of Laikipia County.
Having denied the information presented by the Director of Public Prosecutions, the Accused seeks to be released on bond/bail pending trial.
The application is not opposed by the State/Prosecutor through learned State Counsel, Ms. Mumbe. However, pursuant to the requirement of the Victim Protection Act, this court sought to have views of the secondary victims.
According to Ms. Carol Irungu, the Assistant Director,Probation, the victim family do not view the Accused as a threat or someone likely to obstruct investigations if released on bail hence have no objection to his release on bond.
The local community, through the village elder and area Sub-Chief, Susan Wangui described him as a law abiding citizen and have no issue with him being released back into the community.
It was therefore, the recommendation of the Probation Officer that the Accused be considered for bond terms as he has a supportive family background.
The right of an accused person to be released on bail/bond is grounded on Article 49(1)(h) of the Constitution which enacts that:
(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.
The accused person is presumed innocent until the contrary is proved (See Article 50(2) of the Constitution). This is why pretrial detention is frowned at.
This is a case where it is not averred under oath that there exist reasons to have the Accused incarcerated during trial. That being the case, I grant him bond of Ksh.300,000/- with a surety in a like sum.
It is so ordered.
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Titus Wahome Kihumba, the Accused, is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, following allegations of having murdered Francis Waweru Ndung’u (Deceased) on 10 th May,2025, at Seria centre of Thigio sub-location within Nyahururu Sub-County of Laikipia County.
Having denied the information presented by the Director of Public Prosecutions, the Accused seeks to be released on bond/bail pending trial.
The application is not opposed by the State/Prosecutor through learned State Counsel, Ms. Mumbe. However, pursuant to the requirement of the Victim Protection Act, this court sought to have views of the secondary victims.
According to Ms. Carol Irungu, the Assistant Director,Probation, the victim family do not view the Accused as a threat or someone likely to obstruct investigations if released on bail hence have no objection to his release on bond.
The local community, through the village elder and area Sub-Chief, Susan Wangui described him as a law abiding citizen and have no issue with him being released back into the community.
It was therefore, the recommendation of the Probation Officer that the Accused be considered for bond terms as he has a supportive family background.
The right of an accused person to be released on bail/bond is grounded on Article 49(1)(h) of the Constitution which enacts that:
(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.
The accused person is presumed innocent until the contrary is proved (See Article 50(2) of the Constitution). This is why pretrial detention is frowned at.
This is a case where it is not averred under oath that there exist reasons to have the Accused incarcerated during trial. That being the case, I grant him bond of Ksh.300,000/- with a surety in a like sum.
It is so ordered.
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