Republic v Amonyeka & another [2025] KEHC 4494 (KLR)

Republic v Amonyeka & another (Criminal Case E018 of 2024) [2025] KEHC 4494 (KLR) (2 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4494 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Case E018 of 2024

DR Kavedza, J

April 2, 2025

Between

Republic

Prosecutor

and

Edgar Amonyeka

1st Accused

Joseph Chege

2nd Accused

Ruling

1. The accused persons were charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code, Cap 63 Laws of Kenya. The particulars of the offence are that on 21st December 2024 at Satellite area, Riruta Sub County within Nairobi County jointly with others not before court, murdered Kevin Lihereze Kimani. They pleaded not guilty.

2. They have now approached this court seeking to be released on reasonable bail/bond terms pending his trial.

3. The prosecution did not file an affidavit in opposition to bond.

4. This court called for a pre-bail report which has been duly considered. The issue for determination is whether there are compelling reasons to warrant the denial of bail.

5. Article 49(1)(h) of the Constitution guarantees the right of an arrested person to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons for the person not to be released. The onus of proof in bail applications in respect of compelling reasons is borne by the state under section 123A of the Criminal Procedure Code (Cap 75) Laws of Kenya. The right for an accused person to be released on bail is not absolute.

6. In determining whether the interest of justice dictates the exercise of discretion under Article 49 (h) of the Constitution, the courts are to be guided by the provisions of section 123A of the Criminal Procedure Code (Cap 75) Laws of Kenya which provides:“In such a determination the courts are to factor the following exceptions to limit the right to bail; 1(a)Nature or seriousness of the offence;(b)The character, antecedents, associations, and community of the accused person;(c)The defendants record in respect of the fulfilment of obligations under previous grant of bail;(d)The strength of the evidence of his having committed the offence:

(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person;(a)Has previously been granted bail and has failed to surrender to custody if released on bail, it is likely that he would fail to surrender to custody;(b)Should be kept in custody for his own good.

7. The pre-bail reports on record provide differing assessments of the accused persons. The report concerning the first accused, Edgar Amonyeka, is unfavourable. While the mother of the deceased did not oppose his release on bail, the uncles of the deceased strongly objected, expressing their firm opposition to his admission to bond. Conversely, the report concerning the second accused, Joseph Chege, is favourable.

8. It is important to note that these reports were prepared by different probation officers, which accounts for the variance in their conclusions. While the prosecution has vehemently opposed the release of both accused persons on bond, the direct victim of the crime, being the mother of the deceased, does not believe that the accused persons pose a threat to her. Her primary concern is the profound grief resulting from the tragic and brutal loss of her son.

9. Moreover, she does not believe that the offence was committed with intent. Her view suggests that, while the circumstances surrounding her son’s death are grievous, she does not perceive the accused as a continuing threat.

10. In the premises, I find that there are no compelling reasons to warrant the denial of bail. I hereby make the following orders:a.The accused persons are each admitted to a bond of Ksh.500,000/= with a surety of similar amount.b.The accused persons shall however remain in custody until the key civilian witnesses have testified.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 2NDDAY OF APRIL 2025D. KAVEDZAJUDGEIn the presence of:Ms. Maina for the StateMr. Kori for the AccusedTonny Court AssistantPage 2 of 2