[2020] KEHC 4834 (KLR)
The court found that the pre-bail reports were in favour of releasing the accused persons on bond and that the prosecution's objection, particularly from the witness Mary A. Mungathia, was undermined by her own conduct regarding the estate of the deceased. The court held that there were no compelling reasons to deny...
Source-derived case information.
- Citation
- [2020] KEHC 4834 (KLR)
- Parties
- Applicant: Republic; Defendant: John Bosco Mutwiri Mungathia; Defendant: Samuel Kaume Mungathia (alias Sammy); Defendant: Kevin Mugambi Mungathia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Bond granted to all accused persons with conditions.
- Legal Topics
- Murder Charge, Bail and Bond, Pretrial Release, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Bosco Mutwiri Mungathia
Defendant
Samuel Kaume Mungathia (alias Sammy)
Defendant
Kevin Mugambi Mungathia
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused persons should be released on bond pending trial for murder.
- 2 Whether there is a real risk of interference with witnesses or prejudice to the trial if bond is granted.
Ratio Decidendi
The court found that the pre-bail reports were in favour of releasing the accused persons on bond and that the prosecution's objection, particularly from the witness Mary A. Mungathia, was undermined by her own conduct regarding the estate of the deceased. The court held that there were no compelling reasons to deny bond, provided the accused persons do not interfere with witnesses or the trial. The court therefore granted bond to each accused person with strict conditions to ensure attendance and non-interference.
Court Disposition
Bond granted to all accused persons with conditions.
Orders
- Each accused person to be released on bond of Ksh. 500,000 with a surety of a similar amount.
- Accused persons to attend court as and when required for mention and hearing.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 5 OF 2020
REPUBLIC......................................................................................................DPP
VERSUS
JOHN BOSCO MUTWIRI MUNGATHIA..............................1ST ACCUSED
SAMUEL KAUME MUNGATHIA (ALIAS SAMMY)...........2ND ACCUSED
KEVIN MUGAMBI MUNGATHIA.........................................3RD ACCUSED
RULING
The accused persons herein are charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
The particulars are that the accused persons on the night of 1st and 2nd January 2020 at Amatu village Mikinduri in Tigania Central Sub-county within Meru County jointly with others not before the court murdered Grace Mwari Anthony.
The accused persons were arraigned in court and the information read to them on 20th January 2020 wherein they pleaded not guilty to the charge against them. Their Advocate Ms Kinoti applied that they should be released on reasonable bond terms pending their trial. Ms Mbithe for the state however, said that they were opposed to the accused person being released on bond and that they were in the process of filing an affidavit to that effect.
This court called for Pre-bail reports in respect to the accused persons and the same was duly filed on 6th February 2020. I have considered the Pre-bail reports which are in favour of the accused persons being released on bond. I have also considered to the Accused persons affidavits in response to the prosecutions affidavit sworn by Detective Oliver Nabonwe and am of the considered opinion that annexture to the accused persons affidavit in regard to the conduct of a prosecution witness Mary A. Mungathia raises suspicion as to her objection to the release of the accused persons on bond. It has not been denied that immediately the accused persons were arraigned in court she issued instructions that affected the estate of a deceased person which the accused persons also have an interest. Her action prejudices her complaint that her life would be in danger if the accused persons will be released on bond.
This court therefore orders that the accused persons maybe released on bond of Ksh. 500,000/- each with a surety of a similar amount on condition that they attend court as and when required for mention and hearing. They are also hereby ordered to ensure that they do not interfere with the witnesses that the prosecution intends to call or prejudice the trial herein in any way. In event that the terms of the bond are breached the accused persons shall risk being remanded in custody until the trial is concluded.
HON A. ONG’INJO
JUDGE
RULING DELIVERED, DATED AND SIGNED IN COURT ON 27TH DAY OF FEBRUARY 2020.
In the presence of :
C/A: Kinoti
Accused:- Present in person
State: Ms Mbithe for state. Muriera Advocate holding brief for Mutembei for accused persons.
Mention 26. 3.2020 in court 1 for directions.
HON A. ONG’INJO
JUDGE