Republic v Mungai [2022] KEHC 11363 (KLR)

Republic v Mungai (Criminal Case E019 of 2021) [2022] KEHC 11363 (KLR) (22 March 2022) (Ruling)

Neutral citation: [2022] KEHC 11363 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case E019 of 2021

SN Mutuku, J

March 22, 2022

Between

Republic

Prosecution

and

Benson Melonyie Mungai

Accused

Ruling

1. The accused herein is charged with murder contrary tosection 203 as read withsection 204 of the Penal Code. It is stated in the particulars of the offence that on 7th day of August 2021 at Mkamurieki Village within Kitengela Township in Kajiado East Sub-County, jointly with others not before the court, he murdered Micah George, Nicholas Muia, Victor Muriithi and Frederick Muriithi.

2. The accused approached this court to be admitted to bail pending the hearing and determination of this case. In a ruling delivered on October 26, 2021, this court declined to admit the accused to bail. This court, in declining that prayer, allowed the police 45 days from the date of that ruling to conclude protecting any witnesses that required protection and to conclude investigations in this matter. I directed that at the end of 45 days, the accused was at liberty to move the court to consider admitting him to bail. I stated that the accused need not file an application for that purpose.

3. An application dated December 20, 2021has been filed, nonetheless, seeking bail. The prosecution did not respond to the application but made submissions on it during the hearing of the application on February 22, 2022.

4. In his brief submissions Mr Naeku for the accused told the court that the 45 days allowed to the state had expired when this court was on leave and that it is now over 100 days since the order of this court allowing state 45 days to finalize the investigations was granted; that the accused remains in custody; that the state has not responded to the application and therefore this court ought to release the accused from custody.

5. The prosecution opposed the application. It was submitted that investigations were still on-going and that some suspects are still at large and are yet to be arrested. It was argued that the state had advanced compelling reasons for denial of bail as shown in the replying affidavit filed herein. Further, it was argued that the Witness Protection Agency is still vetting witnesses to be protected. It was further argued that there was information that some persons associated with the accused were attempting to interfere with witnesses. This court was asked to decline granting bail to the accused.

6. In a rejoinder, Mr Naeku for the accused told the court that the prosecution was advancing reasons that have already been considered by the court and that no evidence has been tendered in court to proof tendered in court on the status of the investigations. On the issue of interference with witnesses, Mr Naeku submitted that there is no evidence provided.

7. I have considered this matter. It is true that the issues raised by the prosecution have already been raised earlier and this court has already pronounced itself on those issues. As far as this court is concerned, there is no new evidence tabled in court to establish what the investigators are doing. In short this court has not been given anything new to work with. All the issues raised by the prosecutor have been dealt with and this court has already pronounced itself.

8. Without wasting time, I proceed to allow this application and hereby admit the accused to bail pending the hearing and determination of this case. The terms and conditions of bail are as follows:1. The accused shall deposit a bond of Kenya Shilling Two million (Kshs 2,000,000) with two sureties each. Each surety shall deposit bond worth Kenya Shillings One Million (Kshs 1,000,000. )2. The accused shall attend all court sessions without fail.3. The accused shall not do anything that may jeopardise the fair hearing of this case including interfering with witnesses or doing any act that may compromise fair trial.Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 22ND MARCH 2022. S. N. MUTUKUJUDGE