Republic v Chigumba & 2 others [2022] KEHC 11464 (KLR)

Republic v Chigumba & 2 others (Criminal Case 6 of 2019) [2022] KEHC 11464 (KLR) (3 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11464 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 6 of 2019

A. Ong’injo, J

June 3, 2022

Between

Republic

Prosecutor

and

Chakaya Nicholas Chigumba alias Chigumba Foyo

1st Accused

Kapote Jangaa alias Wasi Kapote

2nd Accused

Nyale Lugo alias Hamisi alias Chibogo

3rd Accused

Ruling

1. By a ruling delivered on January 22, 2019 A1 & A2 were denied bond. A3 was arrested and charged subsequently and when his charged was consolidated with that of A1 & A2 the trial judge declined to grant him bond for same reasons given in the ruling delivered on July 22, 2019.

2. The accused persons advocate appeared for reviewed of the ruling denying accused persons bond and fresh Pre-bail Reports were called for.

3. This court has considered the Pre-bail Reports dated March 15, 2022 and filed on March 16, 2022 in respect of the accused persons.

4. In consideration of the Recommendations made in the Report for A1 and in consideration of the evidence that they were at large for querying longtime following the murder of the deceased, this court is afraid that they are likely to flee and prejudice/defeat the process of the trial herein.

5. In the circumstances the application for release on bond is declined.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court AssistantMr. Ngiri for StateAccused persons- present in personsMr. Gitonga Advocate hold brief for Obara Advocate &Ms. Mwanzia AdvocateHon. Lady Justice A. Ong’injoJudge