High Court in Nyahururu denied an accused person bail pending trial for murder, finding her mental health needs, unstable support system, and safety concerns amounted to compelling reasons.
Republic v Nyamai & 10 others [2025] KEHC 519 (KLR)
Court
High Court
Case number
Criminal Case E040 of 2022
Judge
K Kimondo
The High Court dismissed the 5th accused’s renewed bid to restore bond, finding prior witness interference and ongoing risk to an untested protected witness.
The court found that while the accused demonstrated a fixed abode, willingness of relatives to stand surety, and no prior criminal record, the prosecution and victim's family provided credible, corroborated evidence of threats and intimidation against key witnesses, including the accused's own children. The court noted affidavits and a report to the DCI detailing threats, and the unique circumstance that the main prosecution witnesses are the accused's children and close relatives. The court held that the risk of interference with witnesses was real and not merely speculative, and that the an…
High Court denied bond to an accused facing murder charges, finding a real risk of witness interference. He may renew the application after the key witness testifies.
Mugure v Attorney General & 3 others; Director Of Military Prosecutions (Interested Party) [2024] KEHC 12449 (KLR)
Court
High Court
Case number
Petition E002 of 2023
Judge
MA Odero
The court held that the High Court has unlimited original jurisdiction in criminal matters, including the trial of military personnel for offences such as murder, unless expressly excluded by the Constitution or statute. The Kenya Defence Forces Act does not reserve the offence of murder for exclusive trial by court martial; thus, the High Court is properly seized of the matter. The Director of Public Prosecutions is constitutionally empowered to prosecute criminal offences before civil courts, and the Director of Military Prosecutions' authority is limited to prosecutions before court martia…
Republic v Muli alias Rasta & another [2024] KEHC 10901 (KLR)
Court
High Court
Case number
Criminal Case E008 of 2024
Judge
LN Mutende
The High Court granted bail to two murder accused, finding the prosecution had not proved compelling reasons such as witness interference or flight risk.
The High Court granted bail to two accused persons facing a murder charge, finding that the State had not shown compelling reasons to deny release pending trial.