Peter Muthengi Kimwele, Mwendwa Kimunzyu, Kavengi Muthengi, Martha Mwendwa & Simon Muthengi Kathika alias Ntuiru v Republic [2019] KEHC 4771 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 25 OF 2018

PETER MUTHENGI KIMWELE.....................................1ST APPLICANT

MWENDWA KIMUNZYU................................................2ND APPLICANT

KAVENGI MUTHENGI....................................................3RD APPLICANT

MARTHA MWENDWA....................................................4TH APPLICANT

SIMON MUTHENGI KATHIKA ALIASNTUIRU.......5TH APPLICANT

VERSUS

REPUBLIC.............................................................................RESPONDENT

R U L I N G

1. The Applicants herein seek to be released on bail pending trial.  They are charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code.

2. The Application is premised on grounds that they were arraigned in Court following the accusation on the 6thday of August, 2018;they are known residents of Ngongoni Locationin Tseikuru Sub-Countyof Kitui Countyand hence no chance of absconding; the 3rd Applicant is a wife to the 1st Applicant; they have five (5) children; while the 4th Applicant is a wife of the 2nd Applicant and they have eight (8) children.

3. The Application is unopposed.  I have perused the pre-bail reports filed herein which are favourable to the Applicants.  I therefore grant orders thus:

Accused 3 and 4–Each will be released on bond of Kshs. 200,000/=with a surety in a like sum.

Accused 1, 2 and 5–Each will be released on bond of Kshs. 800,000/=with a surety of an even sum.

4. It is so ordered.

Dated, Signed and Delivered at Kitui this 3rd day of  July, 2019.

L. N. MUTENDE

JUDGE