Republic v Munga & 2 others [2022] KEHC 15378 (KLR)

Republic v Munga & 2 others (Criminal Case E035 of 2021) [2022] KEHC 15378 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15378 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E035 of 2021

A. Ong’injo, J

November 3, 2022

Between

Republic

Prosecutor

and

Ahmed Njeka Munga

1st Accused

Brian Oduor Odowa

2nd Accused

Alex Okello Onyango

3rd Accused

Ruling

1. The accused Brian Oduor Odowa is charged jointly with Hamisi Karisa Chengo and Alex Okello Onyango for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The particulars are that the accused persons on August 15, 2021 at Magongo Estate in Changamwe sub-county within Mombasa County jointly murdered John Kitemu.

3. The accused persons were arrested on different days, A1 having been arraigned in court on November 10, 2021, A2 on July 20, 2022 and A3 on August 11, 2022. The information against accused persons were consolidated on October 21, 2022 and ruing on bail application for A2 & A3 accused persons reserved for November 3, 2022 subject to filing of pre-bail reports.

4. The pre-bail report for A2 has been filed whereas the one for A3 has not been filed. A2 – Brian Oduor Odowa is aged 26 years but has not been registered and he does not have identification documents.

5. From the report he comes from a dysfunctional family his father having died in 2017 and his mother got remarried to another man with whom she cohabits in Korogocho slums of Nairobi and the accused relocated to Mombasa where he was raised.

6. He disclosed to the probation officer that after committing offence he left his usual residence in Santana Mtaa Saba in Migadini and even changed his name to evade arrest.

7. The accused is indicated to be a drug addict who was on medically assisted therapy and which he seeks to be continued if an order of the court is made. Accused is said not to be trustworthy even by the centre where he went for methadone treatment.

8. In consideration that A2 Brian Odour Odowa has no identification documents and has no fixed abode, inconsideration that he has no community ties and has no bond with his own mother & siblings, in consideration that he moved from the estate where he was living & changed his name to evade arrest for almost a year this court finds that he is not suitable to be released on bond pending trial.

9. The 2nd accused Brian Odour Odowa will remain in custody and an order is issued that he is put on methadone to assist with drug withdrawal.

Dated, signed and delivered in Open Court this 3rd day of November 2022HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMs Anyumba for StateMr Wathome - ProbationMr Gakuhi Advocate for A1 & A2Mr Masolia Advocate for A1 & A3Mr Memua Advocate for A2. Hon Lady Justice A Ong’injoJudge3/11/2022CourtRuling on bail for A2 delivered in Court. Mention – December 19, 2022 for hearing date and for A3 pre-bail report.Hon Lady Justice A Ong’injoJudge3/11/2022