Republic v Kibugi & 3 others (Criminal Case E016 of 2022)  KEHC 13551 (KLR) (6 October 2022) (Ruling)
Neutral citation:  KEHC 13551 (KLR)
Republic of Kenya
Criminal Case E016 of 2022
RB Ngetich, J
October 6, 2022
John Wanyoike Kibugi alias VDJ Flex
Bredan Mwaura Muchiri
Kanaiya Kamau Njoroge
Isaac Kariuki Kibue Alias Karish
1.The accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that the accused persons jointly murdered Purity Wangeci Karinga on May 13, 2022 at Buriria Estate within Kiambu East Sub-county.
2.On June 9, 2022, the accused persons took the plea. Each accused person pleaded not guilty. A plea of not guilty was entered for each accused persons.
3.Mr Gacharia counsel for the state informed the court he had no compelling reasons to oppose accused persons being granted bail. However, he requested the court to call for a pre- bail report before the bail terms are set.
4.Mr Oliech counsel for the 1st accused, Mr Mathenge counsel for the 2nd accused was holding brief for Mr. Munga counsel for the 4th Accused applied for the 1st, 2nd and 4th accused and Mr Mwangi counsel for the 3rd accused urged the court to release the accuseds on reasonable bond terms.
5.Mr Mwangi submitted that the 3rd accused suffers from a mental disorder and has been on medication since 2015. He submitted that the prolonged stay in custody may worsen his condition and make him unfit to stand trial.
6.The court called for pre-bail reports for each of the accused persons. The pre- bail reports were filed on August 3, 2022.
7.The 1st accused, the report indicate that the family of the 1st accused is not in a position to raise bail due to the lack of finances but they plead to the court to release the 1st accused on reasonable bail terms. He intends to live with the sister at Wanginge if released on bond.
8.In respect to 2nd accused the report indicate that the mother and uncle are willing to deposit security in court.
9.From the 3rd accused’s report, the mother disclosed the 3rd accused has abused drugs and has a mental disorder which is currently being managed through treatment. She points out that if the 3rd accused is released on reasonable bond terms, she is willing to deposit a title deed as security in the court. She is willing to ensure the 3rd accused attends court.
10.The 4th accused’s report points out that the father of the 4th accused is willing to deposit the title deed to their property as security in the court. If the 4th accused is granted bail he will reside with his brother in Mathare who will ensure he attends court. The 4th accused is aware of the magnitude of the offence he is facing and he urges the court to grant him reasonable bail.
11.The victim’s mother is opposed to the accused persons being granted bail she cites interference with the witnesses, she further states the family has not recovered from the death of the victim.
12.Mr Gacharia counsel for the state is not opposed to the 2nd, 3rd and 4th accused persons being granted bail, he is however opposed to the 1st accused being released on reasonable bond/bail. He points out to the court that the state is still considering having the 2nd, 3rd and 4th accused as state witnesses. He is yet to file affidavit giving reasons to deny 1st accused bond.
13.From the reports no compelling reasons have been advanced to deny accused persons bond. I will proceed to allow the 2nd, 3rd and 4th accused bond and allow the prosection time to file affidavit in respect to the 1st accused before I consider his request for bond.
14.Final OrdersAccused 2,3 and 4 are each released on bond of Kshs 500,000/= with one surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – court assistantMr Gacharia – For StateMr Mabachi holding brief for Mathenge for 2nd accused and holding brief for Mr Munga for 4th accusedMr Mundia Mwangi for 3rd accusedPage 2 of 2