[2022] KEHC 15309 (KLR)
The court held that all accused persons, facing the same charge of murder and not yet tried, should be treated equally regarding bond terms. The judge found no compelling reason to differentiate between the accused. While the original bond of Kshs 500,000 with one surety was fair, the court considered the social and...
Source-derived case information.
- Citation
- [2022] KEHC 15309 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Nthenge Mutua; Defendant: Benson Munyao Musyoka; Defendant: Elizabeth Muthembwa Mutinda; Defendant: Edward Leshan Mashua
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bond Review After Consolidation of Cases
- Outcome
- Bond terms reviewed and relaxed for all accused persons.
- Judges
- SN Mutuku
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Consolidation of Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Nthenge Mutua
Defendant
Benson Munyao Musyoka
Defendant
Elizabeth Muthembwa Mutinda
Defendant
Edward Leshan Mashua
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review After Consolidation of Cases
Legal Issues
- 1 Whether the bond terms for the accused persons should be reviewed following consolidation of their cases.
- 2 Whether all accused persons should be subjected to similar bond terms given the nature of the charge and their circumstances.
Ratio Decidendi
The court held that all accused persons, facing the same charge of murder and not yet tried, should be treated equally regarding bond terms. The judge found no compelling reason to differentiate between the accused. While the original bond of Kshs 500,000 with one surety was fair, the court considered the social and economic circumstances of the accused and relaxed the terms to allow each accused to provide two sureties of Kshs 250,000 each, totaling Kshs 500,000. This adjustment maintained the overall security required while making compliance more accessible to the accused. The court emphasized the constitutional right to bond and the absence of compelling reasons to deny or...
Court Disposition
Bond terms reviewed and relaxed for all accused persons.
Orders
- Each accused person shall be released on bond of Kshs 500,000 with two sureties of Kshs 250,000 each.
Full Case Text
Judgment text and source record
29 paragraphs
Republic v Mutua & 3 others (Criminal Case 5 of 2020) [2022] KEHC 15309 (KLR) (26 July 2022) (Ruling)
Neutral citation: [2022] KEHC 15309 (KLR)
Republic of Kenya
In the High Court at Kajiado
Criminal Case 5 of 2020
SN Mutuku, J
July 26, 2022
Between
Republic
Prosecutor
and
Vincent Nthenge Mutua
1st Accused
Benson Munyao Musyoka
2nd Accused
Elizabeth Muthembwa Mutinda
3rd Accused
Edward Leshan Mashua
4th Accused
Ruling
1. The four accused persons are charged with murder. The victim is Albert Muteti Muthoka. The offence is alleged to have been committed on February 3, 2020 at Mashuru Town within Kajiado County.
2. The 1st, 2nd and 3rd accused persons were initially charged in Criminal Case No. 5 of 2020 while the 4th accused was charged in Criminal Case No. 7 of 2020. Both files were consolidated into one file, Criminal Case No. 5 of 2020. In both files, each accused was admitted to bail/bond in the sum of Kshs. 500,000 with one surety of the same amount.
3. Upon consolidation of the two files, counsel for the accused persons sought review of the bond terms. But the prosecution counsel sought to maintain the bond terms already granted. This court called for reports from the probation office.
4. The four reports have been filed. The recommendations in respect of the 1st accused and the 2nd accused are that the bond terms granted by the court (Mwita, J) be upheld. The recommendations in respect of 3rd and 4th accused persons are that this court considers a review of the bond terms.
5. I have considered this matter. Bond is a constitutional right that can be denied if there are compelling reasons. This court (Mwita, J) saw it fit to grant each of the accused persons similar bond terms. They are facing a similar charge. They are yet to be tried to prove their guilt or otherwise. I have no reason to consider different bond terms for each. In my considered view, all of the accused persons ought to enjoy similar bond terms.
6. In my considered view, bond of Kshs 500,000 with one surety is a fair term. However, to mitigate the social and economic circumstances of each accused, I will and do hereby relax those terms in allowing each accused person to provide two sureties of Kshs 250,000 each to make a total of Kshs 500,000.
7. For avoidance of doubt, the bond terms granted by this court are reviewed to the effect that each accused person shall be released on bond of Kshs 500,000 with two sureties of Kshs 250,000.
8. Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 26TH JULY 2022. S. N. MUTUKUJUDGE