Republic v Motari & another [2023] KEHC 19295 (KLR)

Republic v Motari & another (Criminal Case E016 of 2022) [2023] KEHC 19295 (KLR) (3 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19295 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case E016 of 2022

CM Kariuki, J

July 3, 2023

Between

Republic

Prosecutor

and

Evans Mokaya Motari

1st Accused

James Njoroge Muriithi

2nd Accused

Ruling

1. The accused is charged with the offense of murder. They have denied the offense and have sought to be released on bond.

2. The Prosecution has relied on to Post Bail Report (PBR) and victims’ family advocate-drawn affidavit. The victim’s family Lawyer does not oppose the application but urges the court to grant bail after the testimony of two (2) witnesses who are identified and are of the victim’s family settling.

3. I agree with the above proposal, thus ordering that the accused persons be released on a bond of Ksh. 150,000 with one (1) surety each or Ksh. 100,000 cash bail.

4. However, the terms shall be approved upon tendering evidence of the two (2) witnesses from the victim’s family settings.

5. Once released, the appellants will report to the nearest DCI offices every 5th of the subsequent month until further notice.

DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 3RD DAY OF JULY 2023. .................................CHARLES KARIUKIJUDGE