https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8281
The court granted bond because the accused was entitled to release on terms that secure attendance, but fixed bond at Kshs. 200,000 with a surety of the same amount while directing the PACs and Children Officer to identify an alternative placement for the infant child and to open a protection and care file under the...
Source-derived case information.
- Citation
- [2026] KEHC 8281 (KLR)
- Parties
- Prosecutor: REPUBLIC; Accused: SHALLIN KAPKOMOL
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2025
- Procedural Posture
- Criminal Murder Bond Ruling / Bond Determination
- Outcome
- Bond granted with conditions and child-protection directions
- Judges
- ["TM Matheka"]
- Legal Topics
- Murder Charge, Bond Terms, Pre Bail Report, Child in Need of Care and Protection, Surety Assessment, Alternative Care for Child of Remand Prisoner
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REPUBLIC
Prosecutor
SHALLIN KAPKOMOL
Accused
Procedural Posture
Criminal Murder Bond Ruling / Bond Determination
Legal Issues
- 1 Whether the accused should be released on bond pending trial
- 2 Whether the family/surety arrangements could guarantee attendance in court
- 3 What should be done for the child born while the accused is in custody
Ratio Decidendi
The court granted bond because the accused was entitled to release on terms that secure attendance, but fixed bond at Kshs. 200,000 with a surety of the same amount while directing the PACs and Children Officer to identify an alternative placement for the infant child and to open a protection and care file under the Children Act.
Court Disposition
Bond granted with conditions and child-protection directions
Orders
- Bond set at Kshs. 200,000 with one surety of the same amount.
- A P&C file to be opened for the child in need of care and protection under section 144 of the Children Act, 2022.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KABARNET** **HCCRC NO. E009 OF 2025** **REPUBLIC ……………………………………………………..PROSECUTOR** **VERSUS** **SHALLIN KAPKOMOL ………………………….....…….………ACCUSED** **RULING ON BOND** 1. The accused **SHALLIN KAPKOMOL** is charged with murder contrary to section 203 as read with section 204 of the Penal Code. 2. It is alleged that on 13/4/2025 at Chesakam village, Ribikwo Location, Tiaty West Sub-County she murdered Kapkomol Kapdong. 3. She appeared 1st time on 6/5/2025. She took plea on 21/5/2025 and denied the charge. She was almost 8 months pregnant. 4. A pre-bail report was filed on 25/5/2026. 5. The report points the picture of an accused person whose family does not understand what bond terms are all about – and to whom the Probation Officer did not explain. It is not about money – it is about the commitment to ensure that the accused person attends court. 6. It is not ok that throughout the PACs report the family is saying that they will not be able to raise any amount that the court may ask for. The PACs Officer ought to have asked the question – Are you able to guarantee that if the accused person is released to you, she will attend court? 7. The accused person has a baby born while she was in custody. That child has no business being in remand with the mother – and it is the duty of the PACs Officer and the Children Officer who are both authorised officers under the Children Act ,2022, to assist the court to find the best alternative for the accused pending the hearing and determination of this case. 8. The accused is barely out of her teens and has been a mother twice – but lost her 1st child. The PACs Officer and the Children Officer need to move to find an alternative surety/place – she can stay pending the completion of her case. 9. In the meantime bond is set at Kshs. 200,000/= with a surety of the same amount. 10. A P&C file be opened for the child who is in need of care and protection as per s.144.of the Children Act which provides for when a child is in need of care and protection *For the purposes of this Act, a child in need of care and protection includes a child—* *(e) whose parent or guardian has been detained, held in custody or imprisoned or is in remand,* 1. This order be served on the upon the PACs and the SDCS Officer for purposes of compliance. 2. Mention on 4th June 2026 for the P&C file and the Children Officer’s Report. RULING dated signed and delivered virtually this 29th May 2026. **MUMBUA T MATHEKA** **JUDGE**