[2023] KEHC 23533 (KLR)
The court found that, aside from the accused's disappearance from home after the alleged offence and his subsequent arrest six months later, there were no other grounds against his release on bond. However, the circumstances of the offence and the flight risk necessitated stricter bond terms. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 23533 (KLR)
- Parties
- Applicant: Republic; Defendant: Muinde Nyamai
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E013 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Review
- Outcome
- Bond terms revised and granted.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail and Bond, Bond Review, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Muinde Nyamai
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review
Legal Issues
- 1 Whether the bond terms set for the accused should be reviewed and reduced.
- 2 Whether the accused poses a flight risk or any other risk if released on bond.
Ratio Decidendi
The court found that, aside from the accused's disappearance from home after the alleged offence and his subsequent arrest six months later, there were no other grounds against his release on bond. However, the circumstances of the offence and the flight risk necessitated stricter bond terms. The court exercised its discretion to revise the bond terms to Ksh 500,000 with a surety of the same amount or two sureties of Ksh 250,000 each, balancing the accused's right to reasonable bail with the need to ensure his attendance at trial.
Court Disposition
Bond terms revised and granted.
Orders
- Bond terms revised to Ksh 500,000 with a surety of the same amount or two sureties each of Ksh 250,000.
- Accused to be released upon fulfillment of revised bond terms.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Nyamai (Criminal Case E013 of 2023) [2023] KEHC 23533 (KLR) (11 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23533 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case E013 of 2023
TM Matheka, J
October 11, 2023
Between
Republic
Prosecutor
and
Muinde Nyamai
Accused
Ruling
1. The accused person was charged with murder c/s 203 as read with s 204 of thePenal code. It was alleged that on the night of January 13, 2023 at Kyetonya Village Kusooni sub location Makinya Location Mbooni East Sub County within Makueni County he murdered Tony Mutie Kamula.
2. Plea was taken during the August recess on the August 3, 2023 and he pleaded not guilty.
3. He was granted bond of Ksh 1,000,000 with a Surety of a similar amount.
4. When he appeared before me he requested for review of bond terms stating that his family could only raise bond of Ksh 150,000 with a surety.
5. I ordered for a bail report from Probation and After Care Services Makueni. This was sent via email on October 9, 2023.
6. From the report it is evident that the accused disappeared from home after the alleged offence and was only arrested six months later. Other than that there are no other ground against his release on bond. There is then the need for a strict bond terms in the circumstances of the offence.
7. In the circumstances the bond terms are revised to Ksh 500,000 with a surety of the same amount or two sureties each of Ksh 250,000. Orders accordingly
DATED SIGNED DELIVERED VIRTUALLY THIS 11TH OCTOBER 2023. ..................................Mumbua T MathekaJudgeCA MwiwaAccused presentFor state Kazungu