[2023] KEHC 23695 (KLR)
The court found that there were no compelling reasons presented to deny the accused persons bail. The pre-bail report indicated that both accused were not flight risks, their families were willing to stand surety, and the prosecution did not oppose the application for bail. The constitutional right to bail under...
Source-derived case information.
- Citation
- [2023] KEHC 23695 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Kyele Kingoo; Defendant: Mary Kaveke John
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Accused persons admitted to bond.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Compelling Reasons, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Kyele Kingoo
Defendant
Mary Kaveke John
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether there exist compelling reasons to deny the accused persons bail.
Ratio Decidendi
The court found that there were no compelling reasons presented to deny the accused persons bail. The pre-bail report indicated that both accused were not flight risks, their families were willing to stand surety, and the prosecution did not oppose the application for bail. The constitutional right to bail under Article 49(1)(h) was affirmed, and the court concluded that the accused persons were entitled to be released on bond pending trial, subject to reasonable conditions.
Court Disposition
Accused persons admitted to bond.
Orders
- Each accused person is admitted to bond of Ksh 100,000 with a surety of the same amount.
Full Case Text
Judgment text and source record
31 paragraphs
Republic v Kingoo & another (Criminal Case 11 of 2020) [2023] KEHC 23695 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23695 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case 11 of 2020
TM Matheka, J
October 6, 2023
Between
Republic
Prosecution
and
Daniel Kyele Kingoo
1st Accused
Mary Kaveke John
2nd Accused
Ruling
1. The two accused person face a joint charge of murder c/s 203 as read with 204 of the Penal Code
2. It is alleged that on the 12th April 2020 at Mbitini Village Kasikeu Location Mukaa sub location within Makueni County they jointly murdered Tony Musembi Matheka
3. They pleaded not guilty on the 30th June 2020
4. A plea bargain proposal by the 2nd accused person was rejected by the family of the deceased, and the prosecution agreed with them
5. On the issue of bond, on 30th July 2020, the court directed that a formal application be made to enable the state to respond.
6. That issue was never dealt with and by the time I took over the matter it was part heard before Dulu J where 6 witnesses had testified.
7. The matter was caught up in the current boy cott of murder cases by members of the Law Society of Kenya who took up pro bono matters over a misunderstanding between them and the Office of the Chief Registrar Judiciary. For that reason it has been pending without any hearing going on despite the rest of the actors being ready to proceed.
8. I sought a pre bail report from the Probation and After Care Services Makueni.
9. The State is not opposed to bond for the accused persons
10. The report indicates that the deceased was the last born son of the 2nd accused who was cohabiting with the 1st accused after the demise of her husband.
11. Each of the accused person’s family is willing to stand surety and the accused persons are not considered flight risks.
12. Article 49(h) of the Constitution provides for the right of an accused person to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
13. All the bail evidence before me points to the fact there are no reasons upon which to deny the accused person’s bond.
14. Each of the accused person is admitted to bond of Ksh 100,000 with a Surety of the same amount.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 6TH OCTOBER 2023. .......................................MUMBUA T MATHEKAJUDGECA Mwiwa1st accused present virtually2nd Accused present in open CourtMr. Tanui for the state