Republic v Leitiko [2023] KEHC 23828 (KLR)

Republic v Leitiko (Criminal Case E004 of 2023) [2023] KEHC 23828 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23828 (KLR)

Republic of Kenya

In the High Court at Nanyuki

Criminal Case E004 of 2023

AK Ndung'u, J

October 18, 2023

Between

Republic

Prosecutor

and

James Deston Leitiko

Accused

Ruling

1. The Accused herein, James Deston Leitiko, is charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated 03/05/2023 that on 5th April, 2023 at Lariakorok Village in Laikipia North Sub-County within Laikipia County murdered Makini Sakui.

2. On 16/05/2023 the Accused pleaded not guilty to the charge and trial commenced on 11/07/2023. Two prosecution witnesses have already testified. In the meantime, the prosecution counsel indicated to the court that the prosecution is not opposed to bail. Counsel urged the court to consider the victim’s statement while arriving at its decision.

3. I have perused the witness statements and documentary evidence, copies of which were supplied to the court by the prosecution. I have also read the pre-bail report dated 05/07/2023. The report indicates that the provincial administration has no objection to the Accused being released on bail. The Accused family is also willing to bail him out though they will need time to raise the bail/bond terms.

4. The report further indicates that the victim family is opposed to bail on account that they are still in grief and having him out on bond will further aggravate their pain since they live in the same neighborhood with the Accused who lives roughly 200 meters from the victim’s home. That the prosecution witnesses also hail from the same neighborhood so there is fear that he might interfere with the witnesses.

5. I have considered the said report and this court is of the view that the fact that the Accused lives in the same locality as the witnesses does not automatically translate to the assumption that the Accused will interfere with the said witnesses. It is also noteworthy that two key witnesses have already testified especially the Deceased’s wife and therefore the degree of interference with key witnesses is highly diminished.

6. Am satisfied that there are no compelling reasons to warrant the denial of the constitutional right to bail afforded to the Accused. He is admitted to bail in terms: a cash bail of ksh 500,000/= or a personal bond of ksh 1,000,000/= with a surety of like sum.

DATED, SIGNED AND DELIVERED AT NANYUKI THIS 18TH DAY OF OCTOBER 2023A.K. NDUNG’UJUDGE