Republic v Jackson Kiinge [2018] KEHC 8066 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 84 OF 2017

REPUBLIC ........................................................PROSECUTOR

VS

JACKSON KIINGE...................................................ACCUSED

RULING

Jackson Kiinge faces a charge of murder contrary to section 203 as read with section 204 of the penal code.  Particulars are that Jackson Kiinge on the 4th day of October 2017 at Lailuba sublocation Buuri location in Tigania East Sub county within Meru County jointly with others not before court  murdered Charles Kalunge Kadogo.

Accused person answered to the charge on 16th November 2017 whereupon the court called for a pre-bail report.  The report was filed on 11th Hanuary 2018 by Mr Marete S.M – Probation officer Tigania Subcounty.

Upon making inquiries the Probation officer concluded that accused is not suitable to be released on bond as the community members remained non-commital on whether he should be released at the moment and the area chief stated tension was still high in the area as 3 other suspects are still at large and the court should wait for them to be arrested.

The change herein was only recently brought before court and considering the deceased family are still grieving his death I do find that it will be in order to have accused remain in custody as he awaits trial until circumstances at home change.

In the event this trial does not commence and is determined within one year since he was charge, then the court will on its own motion review the order or the accused may apply for review.

HON. A.ONG’INJO

JUDGE

RULING, DELIVERED, DATED AND SIGNED IN COURT IN

20TH FEBRUARY 2018.

In the presence of:

C/A: Present

Accused: present

Mention 29. 9.2018 to confirm statement received.

HON. A.ONG’INJO

JUDGE