Republic v David Kimathi Kiliungu alias Chrome [2017] KEHC 1851 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO.32 OF 2015

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

VS

DAVID KIMATHI KILIUNGU

ALIAS CHROME........................................ACCUSED

RULING ON BOND

The accused David Kimathi Kiliungu was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.  Particulars are that David Kimathi  Kiliungu alias Chrome on the 15th day of March 2015 at Gichanini Village, Kangeta Location Igembe Central Sub/County within Meru County murdered Caroline Gakii Wanjiku.

Prebail Report filed on 27th September 2017 the Probation Officer recommended that accused be released on bond.  However when the deceased persons relatives were interviewed, the father and step mother of the deceased expressed fears for their lives saying the accused can easily target them again.

Although community members are said to have said that accused is just a village drunk who cannot target anybody with an intention to cause harm. The Probation Officer and the Community Administrators have not addressed the fear expressed by the father and step mother of the deceased and it can’t be taken casually.  In the circumstances their evidence will be taken first before issue of accused persons release on bond is relooked at again.

Orders accordingly.

HON. A.ONG’INJO

JUDGE

9. 11. 2017

Before Adwera – J

Penina – C/A

Accused – P/P

Mrs Mwathi for State.

Mr Nyenyire Advocate for accused – N/A

Court

Ruling delivered, dated and signed in court on 9th November 2017.

Hearing 19. 2.2018

HON. A.ONG’INJO

JUDGE