https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11115

Republic v Wawire alias Kamutu (Criminal Case E010 of 2026) [2026] KEHC 11115 (KLR) (21 July 2026) (Ruling) Neutral citation: [2026] KEHC 11115 (KLR) Republic of Kenya In the High Court at Kakamega Criminal Case E010 of 2026 AC Bett, J July 21, 2026 Between Republic Prosecution and Job Makete Wawire Alias Kamutu Accused Ruling 1.The Accused faces a murder charge whereby it is alleged that on the night of 13th and 14th day of February 2026 at Lumani Village, Kulumbeni Sub-location in Kiliboti Location, Matete Sub-County, Kakamega County jointly with others not before court, they jointly murdered Stephen Keraro Obiero. 2.The Accused was arrested on 15th February 2026 and arraigned in court on 5th March 2026. After entering a plea of not guilty when the case came up for plea taking on 10/3/2026, the prosecution prayed that the Court do call for a pre-bail report, which prayer was not opposed by the defence Counsel. 3.In a pre-bail report filed on 28/4/2026, the Probation Officer recommended that the bond be deferred as there was still tension in the community and that the victim’s family feared that the early release of the Accused on bond, there could be heightened tension within the community. The said family also expressed concerns for the safety and peace of mind and were reluctant to the release of the Accused on bond. 4.Pursuant to Article 49 (1) (h) of the Constitution, an accused person is guaranteed the right to be released on bond or bail, on reasonable conditions pending a charge or trial safe where there are compelling reasons not to be released. 5.The Constitution does not specify what compelling circumstances would justify the denial of bond or bail to an accused person but the decision as to whether or not to grant bail or bond is guided by the following principles: the right of an accused person to be presumed innocent until proven guilty; the right of an accused person to liberty; the accused persons obligation to attend trial, the right to reasonable bail or bond terms; the need to balance the rights of the accused person and the interest of justice; the consideration of the rights of the victims. 6.The Combined Bail and Bond Policy Guidelines in paragraph 4.9 sets down the factors that the court needs to evaluate when considering a bond application with the primary factor being whether the accused person will appeal for the trial once released on bail. This primary factor is considered alongside other factors viz:- the nature of the charge and the seriousness of the punishment were the accused to be found guilty, the strength of the prosecution’s case, the character and antecedents of the accused, the failure of the accused in the previous occasions to observe bail or bond, the likelihood of interfering with witnesses, the need to protect the victims of the crime, the relationship between the accused and the potential witnesses, whether the accused is a flight risk, whether the accused persons is gainfully employed, and whether the release of the accused person will disturb public order or undermine public peace and security; and protection of the accused person. 7.I have analyzed the pre-bail report. There is no specificity regarding the claim that the Accused is likely to interfere with witnesses as the victim’s family only talk of apprehension. The Accused is not an influential person in the society. There is no claim that he has threatened to harm any witness. 8.The only cogent reason for denial of bail was the prevailing tensions at the community level. However, since the Accused has been in custody for over four (4) months, it is expected that the tensions would have reduced by now. There is no compelling reason to justify a denial of bond. 9.The Accused is admitted to bond. He shall be released on bond in the sum of Ksh. 300,000/= with one surety of similar amount. DATED, SIGNED, AND DELIVERED AT KAKAMEGA, THIS 21ST DAY OF JULY 2026.A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Songa for the AccusedCourt Assistant: Polycap