Criminal Case E016 of 2022

Case Metadata
Case Number:	Criminal Case E016 of 2022
Parties:	Republic v Kibugi & 3 others
Date Delivered:	15 Dec 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 16503 (KLR) (15 December 2022) (Ruling)
Advocates:	Mr Olieti for 1st accused, Mr Kasyoka for state
Court Division:	Criminal
County:	Kiambu
Advocates:	Mr Olieti for 1st accused, Mr Kasyoka for state
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 16503 (KLR) (15 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16503 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E016 of 2022

RB Ngetich, J

December 15, 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 Alas Karish

4^th Accused

Ruling

1.The accused persons herein were jointly charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Particulars of the charge are that the accused persons jointly murdered Purity Wangeci Karinga on May 13, 2022 at Buriria Estate within Kiambu East Sub-County.

2.The charge was read over and explained to the accused persons on June 9, 2022. Each accused person pleaded not guilty and a plea of not guilty was entered for each accused person.

3.On October 6, 2022, the 2^nd, 3^rd and 4^th accused persons were released on a bond of kshs 500,000/= with a surety of a similar amount. The 1^st accused was denied bond in view of compelling reasons stated in affidavit filed. The state counsel stated that they were considering having the 2^nd, 3^rd and 4^th accused as state witnesses.

4.On November 11, 2022, counsel for the 1^st accused filed an application seeking the 1^st accused to be released on reasonable bail terms.

5.On November 28, 2022 when the matter came up for hearing of the application, Mr Kasyoka counsel for the state was not opposed to the 1^st accused being released on reasonable bail terms.

6.On December 1, 2022, the state filed an affidavit sworn by CPL Peter Kingawi who is the investigating officer in this matter. He disposes that he is opposed to the 1^st accused being granted bail as the main prosecution witnesses are acquaintances of the accused and there is a likelihood of interference with the witnesses.

7.The investigating officer further averred that the 1^st accused has no known address of fixed abode and had threatened to kill the 2^nd, 3^rd, and 4^th accused person if they revealed what had transpired and is apprehensive that their lives may be in danger if the accused is released on bond.

8.Article 49 (1) (h) of the Constitution of Kenya provides that every accused person has a right to be released on reasonable bail terms pending trial unless there are compelling reasons.

9.The investigation officer has stated that there is likelihood of accused interfering with the witnesses being acquaintances. He averred that the 1^st accused had threatened to harm and kill accused 2, 3 and 4 if they disclosed the incidents of the commission of the offence. Interference of witnesses is one of the compelling reasons to deny an accused bail and in view of the fact that the averments were not controverted, I am inclined to deny 1^st accused bond.

10. Final Orders: -1.The 1^st accused bail application is hereby declined.2.The 1^st accused may renew his application for bail in the future if circumstances change.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 15^TH DAY OF DECEMBER, 2022.………………………………RACHEL NGETICHJUDGEIn the presence of:Kinyua/Martin – court assistantsMr Kasyoka for stateMr Olieti for 1^st accused1^st accused – present