[2023] KEHC 23188 (KLR)
The court found that the accused persons had been unable to raise the initial bond or cash bail amounts set earlier. Upon review of the pre-bail reports, which generally supported the release of the accused on lenient bond terms, and considering the constitutional right to reasonable bond, the court determined that...
Source-derived case information.
- Citation
- [2023] KEHC 23188 (KLR)
- Parties
- Applicant: Republic; Defendant: Dominic Mutinda Musomba; Defendant: Francis Vaati Mwania
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bond Review
- Outcome
- Bond terms revised; accused persons granted more lenient bond or bail terms.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Reports, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dominic Mutinda Musomba
Defendant
Francis Vaati Mwania
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review
Legal Issues
- 1 Whether the accused persons should be granted more lenient bond terms pending trial.
- 2 Whether the pre-bail reports support the release of the accused on bond.
Ratio Decidendi
The court found that the accused persons had been unable to raise the initial bond or cash bail amounts set earlier. Upon review of the pre-bail reports, which generally supported the release of the accused on lenient bond terms, and considering the constitutional right to reasonable bond, the court determined that the bond terms should be revised. The minor contradiction in one pre-bail report regarding flight risk was not sufficient to outweigh the general support for release. The court exercised its discretion to set more attainable bond and bail terms, ensuring compliance with Article 49(1)(h) of the Constitution.
Court Disposition
Bond terms revised; accused persons granted more lenient bond or bail terms.
Orders
- Each accused person may be released on a bond of Kshs. 100,000 with one surety of similar amount or two sureties of Kshs. 50,000 each.
- In the alternative, cash bail of Kshs. 100,000 each, with contacts, identity, and introduction letter from the chief of the depositor.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Musomba & another (Criminal Case E004 of 2020) [2023] KEHC 23188 (KLR) (24 August 2023) (Ruling)
Neutral citation: [2023] KEHC 23188 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case E004 of 2020
TM Matheka, J
August 24, 2023
Between
Republic
Prosecution
and
Dominic Mutinda Musomba
1st Accused
Francis Vaati Mwania
2nd Accused
Ruling
1. The accused persons were jointly charged with murder Contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on the night of 20th and September 21, 2021 at Mutula Village, Makueni Sub county within Makueni County jointly with others not before court murdered Francis Munguti Mutua.
2. They each denied the offence.
3. They were each admitted to bond of Kshs. 100,000 with similar surety of same amount/Cash bail of 200,000 on 11/2/2021.
4. By the time I took over on 12/7/2023 the matter neither of the accused had managed to get a surety raise the cash bail hence this review.
5. I have sought pre-bail reports - which were sent to me via email - filed on 8/8/2023. The only concern I have is with the report for Dominic that contains some contradiction - is one part it states that the family is afraid he is a flight risk - the other part says that the family is okay with his release on bond.
6. Evidently this could be from a cut and paste situation just - typo - but the general trend of the report is that the family of each of them, and the family of the victim and the community are all ready and willing to receive the accused at home on lenient bond terms.
7. I have carefully considered the reports and in accordance with article 49(1) (h) on reasonable bond terms - the bond terms are revised as followsa.Each accused person may be released on a bond of Kshs. 100,000 with one surety of similar amount or 2 sureties of Kshs. 50,000 each .b.In the alternative Cash bail of Kshs. 100,000 each, with contacts, identity and introduction letter from the chief of the depositor
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 24TH AUGUST 2023MUMBUA T. MATHEKAJUDGE