Republic v Muteti [2023] KEHC 25517 (KLR)

Republic v Muteti (Criminal Case E017 of 2023) [2023] KEHC 25517 (KLR) (15 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25517 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case E017 of 2023

TM Matheka, J

November 15, 2023

Between

Republic

Prosecutor

and

Michael Nyamai Muteti

Accused

Ruling

1. The accused person is charged with murder contrary to section 203 as read with 204 of the Penal Code. It is alleged that on 14. 9.2023 at around 7. 30pm in Kisaulu Village, Lumu Sublocation, Kasikeu Mukaa Subcounty Location he murdered Agnes Nduku Muli.

2. Plea was taken on October 25, 2023 and he pleaded not guilty to the charge.

3. The prosecution had no objection to the accused being released on bond as is his right under article 49(2) (h) of the Constitution.

4. I sought for a pre bail report from Makueni Prosecution after Care Service. It was filed on November 8, 2023.

5. I have carefully considered the report. The family of the victim express the fear that the accused may interfere with witnesses since he knows them. They also allege that he may be a flight risk. The family of the accused are ready to stand surety for him because they trust that he will show up for the hearing of the case, and is not a flight risk. The local administration (the chief) is also in agreement that the accused is not considered a flight risk on a danger to family /or the community. There is an allegation by the family of the victim that the accused attempted suicide after the alleged offence.

6. The only question here is whether there is any compelling reasons to deny the accused his bond.

7. It is not beyond the court’s understanding that there will be fear and apprehension on the part of the family of the victim - but that can be taken care of through conditions attached to the bond . On all the fears expressed by the family none were considered sufficient by the investigating officer/the prosecution to warrant an objection to bond.

8. In the circumstances the accused person is admitted to bond of Kshs 150,000 with surety of similar amount on condition that;i.He does not interfere /contact the with the witnesses.ii.He attends court as and when required in default the bond terms will be cancelled and he will be remanded in custody.

DATED, SIGNED AND DELIVERED THIS 15TH DAY OF NOVEMBER 2023. …………………………………MUMBUA T. MATHEKAJUDGE