Director of Public Prosecutions v Tabitha Njeri Maina & Praxides Naliaka Musheshi [2022] KEHC 2124 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

(Coram: Odunga, J)

CRIMINAL CASE NO.  E038   OF  2021

DIRECTOR OF PUBLIC PROSECUTIONS....................................................APPLICANT

VERSUS

TABITHA NJERI MAINA.......................................................................1ST RESPONDENT

PRAXIDES NALIAKA MUSHESHI......................................................2ND RESPONDENT

ORDER

1. I have considered the reasons advanced by the Prosecution and the Victim’s family for opposing the release of the accused person’s on bond pending their trial. According to them they have valid compelling reasons that justify the denial of the accused’s release on bond.

2. The accused persons, on their part contend that the reasons advanced by the prosecution do not amount to compelling reasons to warrant their denial of enjoyment of their constitutional right to bail.

3. Without determining the merits of the respective cases, it is my view that this is a matter that requires a pre-bail report. Whereas, it is not in every case that bail is opposed that such a report is to be availed and each case must be determined on the basis of its own circumstances, occasions do arise when the Court may, on its own motion or upon prodding by either of the party direct that such a report be availed. The purpose of the report is not to dictate to the Court whether or not to release the accused to bond but simply to assist the Court in determining whether or not the accused ought to be so released and if so o what terms. The Court is however not bound by such a report.

4. Accordingly, I hereby direct the probation officer to undertake the appropriate inquiries from all the parties concerned and file a report to this Court.

5. Orders accordingly.

RULING READ, SIGNED AND DELIVERED IN OPEN COURT AT MACHAKOS 24TH DAY OF FEBRUARY, 2022

G V ODUNGA

JUDGE

In the presence of:

Mr Wairegi for the 1st accused.

Ms Wanjiru Njihia for the 2nd accused

Mr Wathome for the family

Mr Ngetich for the State

CA Susan