https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10974

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **CRIMINAL DIVISION - MILIMANI** **CRIMINAL CASE NO. 67 OF 2019** **REPUBLIC………………………………………PROSECUTION** **VERSUS** **CHARLES NJOGU KAMANDE** **alias BROWNY alias KIGOGO ………………..….ACCUSED** **RULING ON BAIL/BOND REVIEW(2)** 1. **CHARGE:** Murder Contrary to Section 203 and Section 204 of Penal Code CAP 63 Laws of Kenya. Particulars of the Charge; Charles Njogu Kamande alias Browny alias Kigogo on 29 the September, 2019 at Khoja Mosque in Nairobi County jointly with another not before Court murdered Charles Muriithi Wanjiku (deceased) 1. **COURT PROCEEDINGS** The matter commenced in this Court on 16/10/2025 and hearing date was taken on 9/2/2026. On hearing date the Accused & Counsel were present the Prosecution availed 1 witness who had testified earlier before Hon. J Ogembo. The Accused person applied for considered for bail and bond terms as he has been in custody since 2019. 1. Counsel for Accused informed the Court that the last time the matter proceeded for hearing was in 2022 to date and sought that this be last adjournment. The ODPP indicated that the matter was for plea bargain which did not materialize due to the fact that family of deceased could not be reached or traced. 2. The Court adjourned the matter to 31/3/2026 and on Bail and Bond Application sought Pre-Bail Report. On 31/3/2026 was Court recess. The hearing on 20/5/2026 the hearing did not proceed. On 16/6/2026, the Pre-Bail Report had not been availed and on 29/6/2026 it was availed. This Court noted the Accused person was found to be of good conduct save for the fact that he was a street urchin and thus place of abode/fixed abode was lacking. **PRE-BAIL REPORT** The Pre-bail Report read in part; 1. **FAMILY BACKGROUND** The accused was born in Muranga, but at the time of arrest he was staying in Nairobi Khoja stage area as a street urchin. He is the son to David Kamande and Jane Kanyi who are peasant farmers back in Muranga county. They are four siblings him being the third born, the others are; Harrison Muiruru, Gerald Ngojo and Hannah Wanjiku who are all hawkers around Khoja stage. The family acknowledge the offence their kin was charged with and pray for reasonable bail terms for him. The family is reported to be law abiding and all the siblings are hardworking persons within Khoja stage. 1. The accused enjoys a cordial relationship with his parents and siblings who had really tried to get him out of the streets. His family prays that this Honorable Court grants the accused favorable bail terms, the family is reported to be below average financially and the person the family looks upon is the second born brother who hawks bags and last-born sister who sells bananas at Khoja stage. The mother prays for free bond as they do not have any collateral to deposit to court and cash is also a problem. The sister and brother have shown willingness to stand as surety for the accused person and will ensure that he attends court when required till the matter is heard and determined. 2. The family appreciates the challenges the accused faced when he was arrested, he was a street urchin but they believe that he has reformed while in custody and can follow instructions. They look forward for a lenient and affordable bail terms. **VICTIM IMPACT STATEMENT** 1. The victim views were obtained from the secondary victims. Mainly the deceased sibling Simon Ngugi. The deceased late Charles Murithi Wanjiku Alias ‘Sare’ was 30 years and the 3rd born in a family of 8 siblings. He was the son to Philip Asembo who is based in Ruiru doing casual jobs and Late Mercy Wanjiku. He was born and raised in Ruiru though the family comes from Kaimosi Vihiga County. He attended St. George’s Primary School Ruiru but dropped out in class 8. At the time of his murder, he was pushing trolleys within Khoja stage and staying with the wife and two children in Ruiru. The siblings of the deceased are all involved in different businesses though the first born is deceased. The death of the victim affected the family members and the wife left, leaving them the burden of raising his two children who are still school going and miss parental love. The brother Simon Ngugi does not object to the accused being granted bail. **DETERMINATION** 1. The Court record confirms that the present application for bail and bond is a revision of the bail and bond application made on 2/10/2020 before Hon Ogembo J the application for bail and bond was made and the ODPP objected based affidavit of Investigation Officer Cheruyoit and informed the Court that the Accused person did not disclose any place of abode he was not in gainful employment or where he would be traced. Accused person had no known place of abode/fixed abode. His Accomplice Kamano was/is still at large and has/had not been traced. By Ruling delivered by Hon Ogembo J on 3/11/2020, the Court declined grant of bail and bond as compelling reasons by ODPP/State were strong case against the Accused person; Accused person likely to interfere with witnesses and /or evidence and the Accused person was/is likely to abscond. The Court dismissed application for bail and bond and Accused was/is to remain in custody pending determination of his trial. 2. On 29/6/2026 when this Court raised the same issue that the Accused person lacks fixed abode, Counsel proposed that the Accused person may reside in/at ancestral home and the Court sought details of relatives from Muranga as the ancestral home to be contact persons. 3. On 13/7/2026 and 14/7/2026; the Court was informed of the Accused person’s relatives from Muranga and Court ordered the ODPP and Defense Counsel to obtain details of the proposed contact persons pending Ruling. 4. **Article 49(1)(h) of the Constitution** grants bail for all offences, the gravity of the offences notwithstanding. That the presumption of innocence is enshrined in **Article 50(2) of the Constitution.** **Section 123 of the Criminal Procedure Code** allows the accused person to request for bail, and the court to grant bail/or bond in the absence of compelling reasons. 5. These provisions do not limit the number of times request for bail or bond may be made as was stated in **Republic vs Ahmad Abolafathi Mohammad & Anor 2013 eKLR.** 6. The witnesses have testified save for formal /expert witnesses as ODPP/State/Prosecution informed Court on 9/2/2026 that it is only the Pathologist and Scenes of Crime Officer remaining and were summoned by the Court under **Section 150 CPC.** 7. On the other hand, the Pre-bail Report is positive as to Accused person’s conduct save for lack of fixed abode which proposal of residing in ancestral home was made and the Court included contact persons from Muranga. **16. DISPOSITION** **1. The Application for revision of the Trial Court’s Ruling of 3/11/2020 is allowed.** **2. The Applicant’s request for revision of bail and bond is considered taking into account that witnesses have testified save for formal witnesses who have not been availed yet. There is not threat of witness interference or evidence tampering.** **3. Therefore bond and bail terms are granted Ksh 500,000/- with 1 surety or Cash Bail of Ksh 100,000/- with 2 contact person (s) with valid ID or Payslip or Chief’s letter.** **4. The Accused person to abide by bail/bond terms attend all Court sessions as required by this Court** **5. The Accused person should not leave jurisdiction of the Court.** **6. In default of the conditions bail/bond shall be cancelled forthwith** **7. Further mention on 6/8/2026 before Deputy Registrar Criminal Division.** **RULING DELIVERED SIGNED DATED IN OPEN COURT CRIMINAL DIVISION MILIMANI ON 20/7/2026 VIRTUALLY & PHYSICALLY.** **M.W. MUIGAI** **JUDGE**