https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11644

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT MILIMANI** **CRIMINAL CASE NO. E068 OF 2024** **REPUBLIC ---------------------------------------------------------- RESPONDENT** **VERSUS** 1. **DAVID NJENGA KIARIE---------------------------------- 1ST ACCUSED** 2. **PETER WAFULA------------------------------------------- 2ND ACCUSED** **RULING** 1. The accused persons were jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya. 2. The particulars of the offence are that the accused persons 1.DAVID NJENGA KIARIE. 2. PETER WAFULA on the 17th day October , 2024 at Duka Moja in Kioi Area, Njiru Sub County , within Nairobi County jointly murdered MICHAEL MACHARIA NJERI. 3. The two accused persons pleaded not guilty to the charge and fuled an application dated 21st January 2026 seeking their release on bauil. the on 13th of May 4. The matter came up for hearing on 13th May 2026 and Ms. Ngumbau acting for both accused persons urged the court to consider releasing the two on bail citing the provisions of Article 49 (1) (h) of the Constitution. 5. Ms. Njoroge prosecution counsel conceded to the application submitting that there were no compelling reasons to deny the accused persons their right to bail. 6. The right to bail under Article 49(1) (h) of the Constitution can only be limited if there are compelling reasons. In this case there is absolutely none thus this court finds no reason not to grant the application. The two accused persons shall be released on bail on the following terms: 7. Each accused person shall be released on a bond of Kshs. 300,000 plus one surety of similar amount. 8. Each accused person shall provide details of their permanent residence and file with the court a letter from their local chief confirming the same. 9. Each accused person and his surety shall provide to the Deputy Registrar of this court a mobile telephone number which they shall retain in use throughout the period of the trial 10. The accused persons are hereby directed not to contact any of the prosecution witnesses either directly or indirectly during the pendency of the trial and any attempt to do so shall lead to the immediate cancellation of their bond. 11. Before I pen off, I must commend the prosecution for readily conceding to the application and encourage them to undertake a continuous review of the murder files where accused persons are still in custody and in those where there are no compelling reasons to hold the accused persons in custody the court should be promptly informed in order to consider the release of the affected persons. This is all in the spirit of promoting and upholding the Bill of Rights as required of this court under Article 22 and 23 of the Constitution. It is so ordered **DATED, SIGNED** and **DELIVERED VIRTUALLY** at **NAIROBI** this **15TH day** of **MAY 2026.** 1. **M. MUTETI** **JUDGE** **In the presence of:** Court Assistant: Ombuna Ms Njoroge for the State Ms Ngumbau for Accused persons Accused: 1st & 2nd present