Republic v John Mutuota Machithi [2022] KEHC 1749 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 27 OF 2019

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

VERSUS

JOHN MUTUOTA MACHITHI.......................................................................ACCUSED

RULING (NO. 2)

1. The accused seeks reviewof the ruling made on 27th February 2020 denying him bail.

2. The notice of motion is dated 20th January 2022 and supported by his deposition. There are six other affidavits by his siblings sworn on 9th December 2021. They all say that the family is not opposed to bail.

3. No fresh pre-bail report has been filed. The learned Prosecution Counsel does not oppose the application.

4. In the impugned ruling of 27th February 2020, I held as follows:

[8] From the pre-bail report dated 10th February 2020, the deceased is the father of the accused. Following the homicide, members of the public gave the accused a serious thrashing. He was rescued by a village elder and taken to Kenyatta Hospital. The local administration is opposed to his release as it would “pose a security risk to the villagers and the accused”

[9] There are thus twin issues of security of the accused and the public. True, the risk can be ameliorated by relocating the accused. But it is not lost on me that the deceased was his father; and, that at least one of the witnesses listed on the reverse side of the Information is his brother, Duncan Muchoki. The likelihood of interference with the evidence is not far-fetched.

5. The original reasons for denial of bail remain valid. But seeing that the Republic does not contest the motion, I will review my previous order but with stringent conditions.

6. The accused may now be released upon executing a cognizance in the sum of Kshs 1,000,000 (one million) together with two sureties of a similar sum. The sureties shall be examined and approved by the Deputy Registrar of this Court. Secondly, the accused shall not have any direct or indirect contact with any of the seven witnesses listed in the information charging him with murder and dated 28th October 2019.

7.      Thirdly, the accused shall relocate and mustnot set foot at Kigetui-ini village, Murang’a East Sub-County without prior permission of the court. Fourthly, he must attend a special mention before the Deputy Registrar once every three months until the conclusion of his trial or further orders of the court.

8. In default of any of the four conditions above, his bond shall stand cancelled; and, the sureties shall be called to account.

It is so ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 10TH DAY OF MARCH 2022.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused person.

Mr. Muteti holding brief for Mr. Kabue for the accused.

Ms. A. Gakumu for the Republic.

Ms. Susan Waiganjo, Court Assistant.