https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12921
The court declined bail because, although murder is bailable and the accused was found suitable by the pre-bail report, the incident was very recent, the deceased had not yet been buried, and the family and community were still in mourning; on that basis, immediate release was not prudent and constituted sufficient...
Source-derived case information.
- Citation
- [2026] KEHC 12921 (KLR)
- Parties
- Prosecutor: Republic; Accused: Charles Mandela Nyamari
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E026 of 2026
- Procedural Posture
- Criminal Case / Bail/bond Application Ruling
- Outcome
- Bail/bond application dismissed.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Murder Charge, Bail and Bond, Compelling Reasons, Pre Bail Report, Right to Liberty, Victim and Community Sentiments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Charles Mandela Nyamari
Accused
Procedural Posture
Criminal Case / Bail/bond Application Ruling
Legal Issues
- 1 Whether the accused should be released on bail/bond pending trial in a murder case.
- 2 Whether compelling reasons existed to deny bail/bond despite the constitutional right to bail.
Ratio Decidendi
The court declined bail because, although murder is bailable and the accused was found suitable by the pre-bail report, the incident was very recent, the deceased had not yet been buried, and the family and community were still in mourning; on that basis, immediate release was not prudent and constituted sufficient grounds to defer bail.
Court Disposition
Bail/bond application dismissed.
Orders
- Application for release on bail/bond declined.
- Accused may file a fresh application in future when circumstances change.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Nyamari (Criminal Case E026 of 2026) [2026] KEHC 12921 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12921 (KLR) Republic of Kenya In the High Court at Kisii Criminal Case E026 of 2026 Sifuna Nixon, J July 31, 2026 Between Republic Prosecutor and Charles Mandela Nyamari Accused Ruling 1.The Accused has been charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (Cap 63 Laws of Kenya). He pleaded not guilty to the charge, and applied to be released on bail/bond. Arguing that the offence is bailable, and bail is a constitutional right. 2.While this Court agrees with him on those two points on bail/bond, it also noted that the offence he faces is a serious one. Further that while bail/bond is a constitutional right under Article 49 (1) (h) of the Kenya Constitution, for every accused, there could be compelling reasons that may militate against its grant. 3.For that reason, this Court deferred consideration of that bail/bond application until the Kisii County Probation Office has done a social inquiry and submitted a Report on the Accused’s suitability for admission to bai/bond. 4.The Report which is dated 27th July 2026, was filed in this Court on 29th July 2026. I have considered this Accused’s Application for release on bail/bond. I have also considered the said Report, as well as the sentiments and comments of the prosecution. The prosecution has not opposed his release on bail/bond. 5.Upon considering all the factors and the prevailing circumstances this Court finds that whereas bail/bond is a right and this offence of murder although serious is bailable, and although the Pre-bail Report has found him suitable and recommended for release on bail/bond, it will not be prudent of this Court to at this moment grant the Accused bail/bond. 6.This Pre-bail Report has stated that the incident culminating into the death the subject of this murder charge, is still fresh. It occurred less than a moth ago, and the deceased family as well as the local community are still mourning. That the deceased has not yet been buried. 7.In sum the accused’s Application for release on bail/bond is hereby declined and this Application is hereby dismissed accordingly. He is however, at liberty to revisit the same and make a fresh application in future when the circumstances at home will have changed. DATED AND DELIVERED AT KISII ON THIS 31ST DAY OF JULY 2026.PROF (DR) NIXON SIFUNAJUDGE