Republic v Martha Kathure Mutuma & Morris Maore Murungi [2017] KEHC 1890 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO.64 OF 2016

REPUBLIC........................................................PROSECUTION

VS

MARTHA KATHURE MUTUMA........................1ST ACCUSED

MORRIS MAORE MURUNGI............................2nd ACCUSED

RULING

Martha Kathure Mutuma and Morris Maore Murungi’s murder charges were consolidated on 17th October 2017. When they took plea and plea of not guilty was entered.

Pre-bail Report was called for and M/s Alice Mugambi Probation Officer Igembe District found both unsuitable to be considered for release on bail. For the 1st accused it is indicated she deserted her matrimonial home long before arrest and has 3 children were staying with their paternal  grandparents.

The area Chief said Martha deserted her matrimonial home due to her wayward ways and is perennially in company of questionable male friends pretending they were her illicit brew customers.  No family member to Martha came out to identify with her during the social inquiry and it came to the attention of the Probation Officers that they were fed up with her don’t care lifestyle.

The Probation Officer found out that deceased persons family members threatened to take the law into their hands if the accused is released.  They were bitter with her behaviour of killing their kinsman and going into hiding for several months.  The Members of Community and area chief feared for accused person’s life is released and advised that she remains in custody until her case is determined.

For Morris Maore Murungi his father and brother feared that if released on bond he could easily be a target of revenge by the relatives of the deceased who have vowed to avenge the blood of their kinsman.  Relatives of the deceased and members of the community were opposed to release of the accused Morris Maore Murungi and the area Chief has advised that he remains in custody pending trial.

The chief of the area and accused person’s relatives talked negatively about accused that he is a criminal who is always a suspect in many criminal activities that are reported in the area.

Release of accused persons on bond pending trial is a constitutional right, which however is not absolute and where there  are compelling reasons such as those enumerated herein their bond would be denied.  The application for release of accused persons on bond is dismissed.

Accused persons to remain in custody until charge against them is heard and determined or circumstances on ground change.

HON. A.ONG’INJO

JUDGE

15. 11. 2017

Before Adwera-Ong’injo J

Penina – C/A

Mr Namiti holding brief for Mwathi for state.

Accused – Present in person.

Mr Ogoti Advocate for accused persons – No appearance.

Court

Ruling delivered dated and signed in court.

Hearing 10. 5.2018

HON. A.ONG’INJO

JUDGE