Case Metadata |
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| Case Number: | Criminal Case E019 of 2021 |
|---|---|
| Parties: | Republic v Kiti Shadrack Chano alias Bembula & Emmanuel Chai Shadrack alias Bamdii |
| Date Delivered: | 12 Jan 2022 |
| Case Class: | Criminal |
| Court: | High Court at Mombasa |
| Case Action: | Ruling |
| Judge(s): | Anne Apondi Ong'injo |
| Citation: | Republic v Kiti Shadrack Chano & another [2022] eKLR |
| Court Division: | Criminal |
| County: | Mombasa |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. E019 OF 2021
REPUBLIC.......................................................................................PROSECUTOR
-V/S-
i. KITI SHADRACK CHANO alias BEMBULA
ii. EMMANUEL CHAI SHADRACK alias BAMDII.........................ACCUSEDS
R U L I N G
1. The Accused persons, Shadrack Chano alias Bembula and Emmanuel Chai Shadrack alias Bamdii are charged with the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. Particulars are that the accused persons on 23rd May 2021 at Kayanda village, Takaungu sublocation within Kilifi County jointly with others not before the court murdered Mathias Mwagambo Gambo.
3. Accused persons pleaded not guilty to the charge and a prebail/social inquiry report was called for by the court upon application for release of accused persons on bond. Prebail Report was filed on 23/11/2021 and served upon defence counsel.
4. Upon consideration of the pre-bail report for accused persons who are 4th & 7th brothers in a family of 8 respectively, I do find that it would be unsafe to order for their release on bond for reasons A1 has no fixed abode and there is no assurance he will attend court if and when he returns to Mwingi where it is alleged he was residing.
5. On the other hand A2, although the Chief of the area spoke well of him as a responsible person there are fears of a revenge attack. In the circumstances orders to release accused persons on bond are deferred until at a later stage when the same can be revisited in event circumstances change or tension reduces.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 12TH DAY OF JANUARY, 2022.
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Court Asst. - Ogwel
Ms. Kambaga for State
Ms. Nzamba Advocate for Accused 1 – No appearance
Ms. Losi Advocate for Accused 2 – No appearance
COURT
Ruling delivered, dated and signed in Court. Application pending email.
Mention – 8/02/2022 for fixing hearing date.
Notice to Ms. Nzamba & Ms. Lozi Advocates – Production Order to issue.
HON. LADY JUSTICE A. ONG’INJO
JUDGE
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