Republic v Kingoo & another [2023] KEHC 23695 (KLR)

Republic v Kingoo & another (Criminal Case 11 of 2020) [2023] KEHC 23695 (KLR) (6 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23695 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 11 of 2020

TM Matheka, J

October 6, 2023

Between

Republic

Prosecution

and

Daniel Kyele Kingoo

1st Accused

Mary Kaveke John

2nd Accused

Ruling

1. The two accused person face a joint charge of murder c/s 203 as read with 204 of the Penal Code

2. It is alleged that on the 12th April 2020 at Mbitini Village Kasikeu Location Mukaa sub location within Makueni County they jointly murdered Tony Musembi Matheka

3. They pleaded not guilty on the 30th June 2020

4. A plea bargain proposal by the 2nd accused person was rejected by the family of the deceased, and the prosecution agreed with them

5. On the issue of bond, on 30th July 2020, the court directed that a formal application be made to enable the state to respond.

6. That issue was never dealt with and by the time I took over the matter it was part heard before Dulu J where 6 witnesses had testified.

7. The matter was caught up in the current boy cott of murder cases by members of the Law Society of Kenya who took up pro bono matters over a misunderstanding between them and the Office of the Chief Registrar Judiciary. For that reason it has been pending without any hearing going on despite the rest of the actors being ready to proceed.

8. I sought a pre bail report from the Probation and After Care Services Makueni.

9. The State is not opposed to bond for the accused persons

10. The report indicates that the deceased was the last born son of the 2nd accused who was cohabiting with the 1st accused after the demise of her husband.

11. Each of the accused person’s family is willing to stand surety and the accused persons are not considered flight risks.

12. Article 49(h) of the Constitution provides for the right of an accused person to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

13. All the bail evidence before me points to the fact there are no reasons upon which to deny the accused person’s bond.

14. Each of the accused person is admitted to bond of Ksh 100,000 with a Surety of the same amount.

DATED SIGNED AND DELIVERED VIRTUALLY THIS 6TH OCTOBER 2023. .......................................MUMBUA T MATHEKAJUDGECA Mwiwa1st accused present virtually2nd Accused present in open CourtMr. Tanui for the state