Republic v Francis Stephen Musyoka [2021] KEHC 9354 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. EO18 OF 2020

REPUBLIC.............................................................DPP

VERSUS

FRANCIS STEPHEN MUSYOKA..............ACCUSED

R U L I N G

1. The accused Francis Stephen Musyoka faces a charge of murder contrary to Section 203 as read with Section 204 of the penal code.

2. Particulars are that Francis Stephen Musyoka on the 13th day of November 2020 at Tsuini Village, Vanga Location in Lungalunga Subcounty within Kwale County Coast region murdered Masumbuko Patrick Musyoka.

3. When information was read over to him he pleaded not guilty and prebail report was called for Prebail Report dated 2/2/2021 was filed on 2/2/2021 and it from the said report it is apparent that accused person not having an identification document cannot be released on bond as it will be difficult to trace him and there is likelihood of him escaping to Tanzania which is very close to his place of abide.

4. It is also indicated that the school going children of the deceased are greatly affected by the death of their father and need time to heal in the circumstances accused will remain in custody during trial.

Dated, signed and delivered at Mombasa this 3rd day of February 2021.

HON. LADY JUSTICE A. ONG’INJO

JUDGE