Republic v Benard Kiburi Njenjere [2017] KEHC 1947 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCR CASE NO.44 OF 2017

REPUBLIC ......................................................PROSECUTION

VS

BENARD KIBURI NJENJERE....................................ACCUSED

RULING ON BOND

Benard Kiburi Njenjere was charged with the offence of Murder contrary to Sections 203 as read with section 204 of the penal code.

Particulars are that Benard Kiburi Njenjere on the 3rd day of June 2017 at Kiangombe Village, Kariri Sublocation, Nchooro Location in Tigania West Sub/County within Meru County murdered Silas Kamuntiria M’Ikiao

The Pre-bail Report filed on 20th September 2017 indicated accused was unsuitable to be released on bond for reasons the deceased family members are still in mourning and their kinsman’s grave is still fresh.  They also claim the accused has been bragging he will soon go back to the village and they fear is he going to interfere with witnesses.

Members of the community were divided as to whether accused should be released on bond.  Others felt accused should remain behind bars and this would deter others from involvement in such misconducts. The deceased and offender were neighbours and the accused a very close friend to deceased brother but friendship has since been strained by the murder.

Being that offence was only committed less than 6 months  in June 2017 I do think it is important to give some  reasonable period of time for the mourning period to end before the court considers granting bond to the accused. The application maybe renewed at any stage during the trial in event circumstances change.

HON. A.ONG’INJO

JUDGE

9. 11. 2017

Before Adwera-Ong’injo

Penina – C/A

Mrs Mwathi for state

Mr Kiogora Mugambi Advocate for Holding brief for Mr Mutuma Advocate for accused.

Accused P/P

Court

Ruling Delivered, Dated and Signed in Court on 9th November 2017.

Hearing 12. 3.2017

HON. A.ONG’INJO

JUDGE