Republic v Chege [2022] KEHC 12872 (KLR)

Republic v Chege (Criminal Case 18 of 2019) [2022] KEHC 12872 (KLR) (9 September 2022) (Ruling)

Neutral citation: [2022] KEHC 12872 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 18 of 2019

TM Matheka, J

September 9, 2022

Between

Republic

Prosecution

and

Samwel Chege alias Rasta

Accused

Ruling

1. Samwel Chege was charged with Murder Contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on March 5, 2019 at Belbur Village Njoro Sub County Nakuru County, he murdered Zacharia Aminga.

2. The matter was part heard before Ngetich J before she was transferred. The matter was allocated to me, the accused sought bail review.

3. The record shows that on December 17, 2019 the accused was admitted to bond of Kshs. 1,000,000/= with one surety of similar amount. This was reviewed to Kshs. 500,000/= with one surety of the same amount on 30th November, 2020. The accused has not been able to raise the said bond terms.

4. A Bail Review Report from Probation and Aftercare Services filed on August 30, 2022 indicates that the family is willing to raise Kshs. 50,000/= Cash Bail. On the other hand the family of the deceased is still bitter over his death, and on the other hand the case for the prosecution is nearing completion, pending only two (2) witnesses to be heard on November 29, 2022. Bond is a constitutional right and the terms ought not to be too harsh as to amount to a constructive denial of the same. Again, the terms should be such that prima facie, they can secure the attendance of the accused to all proceedings until the final determination of his case.

5. Having perused the Probation and After Care services report, and the record, it is my view that cash bail may not be suitable in the circumstances of this case. The accused requires a surety, the bond terms are reviewed to Kshs. 100,000/= with a surety of the same amount or in the alternative two sureties each of Kshs. 50,000/=.Orders accordingly.

SIGNED, DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF SEPTEMBER, 2022. MUMBUA T. MATHEKAJUDGEIn the presence of:Court Assistant: JenniferFor State: Ms MurungaN/A for Ms ChepngetichAccused present