Criminal Case E016 of 2022

Case Metadata
Case Number:	Criminal Case E016 of 2022
Parties:	Republic v Kibugi & 3 others
Date Delivered:	06 Oct 2022
Case Class:
Court:	High Court at Kiambu
Case Action:	Ruling
Judge(s):	Rachel Biomondo Ngetich
Citation:	Republic v Kibugi & 3 others (Criminal Case E016 of 2022) [2022] KEHC 13551 (KLR) (6 October 2022) (Ruling)
Advocates:	Mr. Mundia Mwangi for 3rd Accused, Mr. Gacharia for State, Mr. Mabachi holding brief for Mathenge and holding brief for Mr. Munga for 2nd and 4th Accused
Court Division:	Criminal
County:	Kiambu
Advocates:	Mr. Mundia Mwangi for 3rd Accused, Mr. Gacharia for State, Mr. Mabachi holding brief for Mathenge and holding brief for Mr. Munga for 2nd and 4th Accused
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 v Kibugi & 3 others (Criminal Case E016 of 2022) [2022] KEHC 13551 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13551 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E016 of 2022

RB Ngetich, J

October 6, 2022

Between

Republic

Prosecution

and

John Wanyoike Kibugi alias VDJ Flex

1^st Accused

Bredan Mwaura Muchiri

2^nd Accused

Kanaiya Kamau Njoroge

3^rd Accused

Isaac Kariuki Kibue Alias Karish

4^th Accused

Ruling

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 1^st accused, Mr Mathenge counsel for the 2^nd accused was holding brief for Mr. Munga counsel for the 4^th Accused applied for the 1^st, 2^nd and 4^th accused and Mr Mwangi counsel for the 3^rd accused urged the court to release the accuseds on reasonable bond terms.

5.Mr Mwangi submitted that the 3^rd 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 1^st accused, the report indicate that the family of the 1^st accused is not in a position to raise bail due to the lack of finances but they plead to the court to release the 1^st accused on reasonable bail terms. He intends to live with the sister at Wanginge if released on bond.

8.In respect to 2^nd accused the report indicate that the mother and uncle are willing to deposit security in court.

9.From the 3^rd accused’s report, the mother disclosed the 3^rd accused has abused drugs and has a mental disorder which is currently being managed through treatment. She points out that if the 3^rd 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 3^rd accused attends court.

10.The 4^th accused’s report points out that the father of the 4^th accused is willing to deposit the title deed to their property as security in the court. If the 4^th accused is granted bail he will reside with his brother in Mathare who will ensure he attends court. The 4^th 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 2^nd, 3^rd and 4^th accused persons being granted bail, he is however opposed to the 1^st accused being released on reasonable bond/bail. He points out to the court that the state is still considering having the 2^nd, 3^rd and 4^th accused as state witnesses. He is yet to file affidavit giving reasons to deny 1^st accused bond.

13.From the reports no compelling reasons have been advanced to deny accused persons bond. I will proceed to allow the 2^nd, 3^rd and 4^th accused bond and allow the prosection time to file affidavit in respect to the 1^st accused before I consider his request for bond.

14.Final Orders

Accused 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 2^nd accused and holding brief for Mr Munga for 4^th accusedMr Mundia Mwangi for 3^rd accusedPage 2 of 2