https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10573

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **CRIMINAL CASE NO. E022 OF 2026** **REPUBLIC.........................................................PROSECUTOR** **VERSUS** **EVANS ABUTI INDUSWE...........................................ACCUSED** **RULING ON BAIL** [1] The Accused, **Evans Abuti Induswe**, stands charged with the offence of Murder contrary to Section 203 as read with section 204 of the Penal Code. He pleaded not guilty on 22nd April 2026 and now applies for release on bail pending trial. [2] The Applicant contends that he is presumed innocent until proven guilty, a fundamental principle of our criminal justice system. He invokes his constitutional right under Article 49(1)(h) of the Constitution of Kenya, 2010, which guarantees an arrested person the right to be released on bail unless there are compelling reasons to deny it. The Applicant further submits that the fears expressed by the prosecution are speculative and do not meet the threshold of compelling reasons. [3] The Prosecution opposes the application and relies on the Affidavit in Opposition of Bond/Bail sworn by No. 241445 IP Geoffrey Tegei, the Investigating Officer attached to the Homicide Investigations Bureau, Directorate of Criminal Investigations. The Prosecution also relies on the Bail and Bond Policy. The Investigating Officer deposes that there are compelling grounds to oppose the bond/bail terms and have the Accused remanded until the conclusion of the matter. He deposes that at the time of the commission of the offence, the Accused person was staying as husband and wife with the deceased at Maili Kumi Village in Nakuru North Sub-County within Nakuru County.He further deposes that the deceased was brutally murdered, her body decapitated and dumped in two different quarries within Nakuru North Sub-County and after the discovery of the murder incident, the Accused person disappeared from his rental residence within Nakuru North Sub-County and fled to Navakholo Sub-County in Kakamega County. [4] The Investigating Officer deposes that amongst the crucial witnesses are the deceased's siblings and neighbours whom they live together with the accused within the accused's rental residence in Maili Kumi, Nakuru North Sub-County. He states that the Accused would be a threat to their lives and may interfere with prosecution witnesses. He states that the events of the incident are in the public domain and have elicited emotions and the life of the accused may be in danger if released at this time. He deposes that the accused person is not permanently employed and does casual work, thus making it difficult to be traced if he absconds the court bond. [5] This Court has also perused the Pre-Bail Report filed by the Probation dated 20th May 2026. The Report indicates that the Accused has no fixed place of abode and moves between rental premises without establishing roots in the community. At his ancestral home in Navakholo he is not well known, having left at a young age. His community ties are therefore shallow both in Nakuru and in Kakamega. The Report indicates that the accused's own father has refused to stand surety for him, and no other family member or friend has come forward. The Report indicates that the victim's family has expressed grave concern for their safety and has relocated to Siaya County. [6] The issue for determination is whether the prosecution has established compelling reasons to deny bail. [7] I have considered the applicant's submissions through his Learned Counsel on record, the Investigating Officer's Affidavit, the Probation Report, and the relevant constitutional and legal provisions. The law places the burden on the prosecution to prove compelling reasons for denying bail, and that burden must be discharged. [8] The Investigating Officer deposes that the applicant was living as husband and wife with the deceased and that after the discovery of the murder, the applicant disappeared from his rental residence and fled to Kakamega County. The Investigating Officer deposes that the applicant is not permanently employed and does casual work, making it difficult to trace him if he absconds. Crucial witnesses include the deceased's siblings and neighbours who live together with the applicant within the same rental residence, and that the applicant would be a threat to their lives and may interfere with prosecution witnesses. [9] The Probation Report indicates that the applicant has no fixed place of abode and moves between rental premises without establishing roots in the community. At his ancestral home in Navakholo he is not well known, having left at a young age. His community ties are therefore shallow both in Nakuru and in Kakamega. The Report indicates that the Applicant's own father has refused to stand surety for him, and no other family member or friend has come forward. The Report indicates that the victim's family has expressed grave concern for their safety and has relocated to Siaya County. [10] Upon consideration of all the material before the Court, I find that the Prosecution has successfully discharged the burden of proving compelling reasons to deny bail. The Applicant's conduct of fleeing to Kakamega County after the incident, his lack of a fixed abode, his shallow community ties, and his lack of permanent employment all point to a significant risk that he may abscond and fail to attend his trial. The fears expressed by the victim's family and the Investigating Officer regarding witness interference are grounded in real and concrete concerns. [11] It is important to note that this denial of bail is not a punishment. It is a measure taken to ensure that justice is served and that the trial proceeds without interference. The applicant remains presumed innocent and his case will be expedited. [12] In the result, the applicant is denied bail. He shall remain in custody at Nakuru GK Prison pending the hearing and determination of his trial. The applicant is at liberty to make a fresh application for bail after the key witnesses have testified, and should circumstances change. Orders accordingly. **Dated, delivered and signed at Nakuru this 16th day of July, 2026.** **J. K. SERGON** **JUDGE** **In the presence of:** Jamleck/Rutoh C/A Miss Anyumba for the State Accused, present in person