https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7775

Republic v Wilson (Criminal Case E006 of 2026) [2026] KEHC 7775 (KLR) (5 June 2026) (Ruling) Neutral citation: [2026] KEHC 7775 (KLR) Republic of Kenya In the High Court at Makueni Criminal Case E006 of 2026 JN Onyiego, J June 5, 2026 Between Republic Prosecutor and Regina Savina Wilson Accused Ruling 1.Accused herein is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars are that on the 22nd day of May 2026, at 05:00hrs at Mbumbuni Market, Waia Location, Usalala Sub-location in Mbooni East Sub-county, Makueni County, she murdered Alfred Mwonga Ndolo alias Bamu. 2.Having denied the charge, she prayed for bail pending trial. The court ordered for a pre-bail report. The Probation Officer filed his report recommending release of the accused for her own safety and that of her children but on stringent terms. The report states that the community where she is married is against her release citing her safety and community bitterness. Prosecution Counsel submitted that the accused having killed her son and vowed to kill everybody in the family is a danger to society and more especially her children who are vulnerable. 3.Learned Counsel stated that there are compellable reasons not to release the accused on bond. 4.However, Counsel for the accused opined that the family of the accused is ready to take accused to her parents’ home in Kitui which is far away from Makueni hence not a danger to the children or anybody. He contended that bail is a constitutional right and there are no compellable reasons not to release her. 5.I have considered the application herein and the objection thereof. It is trite law that bail is a constitutional right unless there are compellable reasons not to. This is a constitutional imperative provided under Article 49(1)(h). It is worth noting that the objective of releasing an accused person on bail is to ensure attendance. See Andrew young Otieno v Republic (2017) KEHC 8607(KLR) 6.Equally, the release of an accused person is to underscore the fact that an accused person is presumed innocent until proved guilty. See Nganga v Republic (1985) KLR451 where Chesoni J, as he then was emphasized on the position that an accused person is presumed innocent until proved guilty hence should be released on bond unless there are substantial reasons not to. 7.In this case, accused is alleged to be a danger to the remaining children whom she has vowed to kill after killing their sibling. That the community is not happy with her release and that she is likely to interfere with witnesses. 8.According to the pre-bail report, accused is fit to be released on bail but on stringent bail terms. Equally, the report reveals that the accused is suffering from episodes of depression hence requires close attention from relatives. Although there is the allegation that accused is likely to interfere with witnesses, the close relatives are willing to take her back to her parents in Kitui where they will take care of her. Therefore, she will not be anywhere close to witnesses. As to interference with children, the same can be placed under the custody of their father. 9.Having addressed the alleged fears, it is apparent that there are no sufficient reasons to deny the accused bail. Accordingly, accused shall be released on a bond of Kshs. 500,000/= with one surety of similar amount. Upon her release, she shall keep away from her matrimonial home and off witnesses including her children. She shall not visit Makueni County except when attending court until the case is heard and determined. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 5TH DAY OF JUNE 2026…………………..J. N. ONYIEGOJUDGE