Republic v Ndung’u [2022] KEHC 14078 (KLR)

Republic v Ndung’u (Criminal Case E019 of 2022) [2022] KEHC 14078 (KLR) (19 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14078 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E019 of 2022

TM Matheka, J

October 19, 2022

Between

Republic

Prosecution

and

Susan Nyambura Ndung’u

Accused

Ruling

BAIL REVIEW 1. The accused Susan Nyambura Ndungu is charged with Murder Contrary to Section 203 as read with 204 of the Penal Code.

2. It is alleged that on February 28, 2022 at Tayari Location, Molo Sub County, Nakuru County she murdered her enstranged husband Fredrick Katuro Gichina.

3. She pleaded not guilty on April 8, 2022 and as there was no objection to bail bond was set at Ksh 300,000/= with surety of similar amount.

4. I sought a Social Inquiry Report (Pre Bail Report) to ascertain the ability of the accused to raise the said bond terms. As a result Bond was reviewed to Ksh 100,000/ with surety of similar amount following the report filed on May 31, 2022.

5. In that pre bail report, the Probation and Aftercare Services (PACs) officer indicated that the accused was a mother of six (6) children, five (5) of whom were minors aged 21, 15, 10, 10, 5, 3. These children became children in need of care and protection the moment the offence was committed and their mother arrested.

6. The court sought a supplementary PACs report on the state of the children.

7. The supplementary report was filed on October 11, 2022. In it the officer indicates that the minor children aged 10, 10, 5, 2 ½ are in a Rescue Centre in Molo having been rescued by the police and the Molo Children Officer. They have been enrolled in school and are settled there however they miss their mother who is now the sole parent. The PACs officer made reference to a letter from the Chief Kangemi but the same was not annexed.I have considered the supplementary report.

8. I have noted that the children who became in need of care and protection, as per part XII of the Children Act, were rescued and are now in a place of safety. Kudos to the Children Officer and the police Molo. Many times upon arrest of a parent the children are left to the whims of any good Samaritan who may show up. The Children Act places the responsibility on the arresting officer to ensure that the children officer and any other authorized officer eg the chief is aware and efforts made through the P&C file to secure the welfare of those children. In this case a P & C file ought to have been opened for the children and a Children Officers Report filed by the children officer to legitimize their stay in the Rescue Centre.

9. In addition, the children officer required to pursue the issue and to see what works in the best interest of the children, the Rescue Centre or foster parents etc.

10. With respect to the bail terms, the same are fair in the circumstances of the case, save for a small review; -1. Bond remains Ksh 100,000/= there can be one surety of the amount or two (2) of Ksh 50,000/= each.2. A Protection and Care (P & C) file be opened for the children and a Children Officer’s Report filed to regularise the children stay in the Rescue Centre. This matter be mentioned before the Deputy Registrar on October 26, 2022 for purposes of opening of the P & C.3. The order be served on the Children Officer Molo for compliance, to avail the Children Officers Report on October 26, 2022. 4.Hearing dates remain March 7, 2023, March 8, 2023, March 15, 2021. Routine mention before the Deputy Registrar on October 26, 2022.

SIGNED, DATED AND DELIVERED VIRTUALLY THIS 19TH DAY OF OCTOBER, 2022. MUMBUA T. MATHEKAJUDGEIn the presence of:Court Assistant: JenifferFor State: Ms. MurungaFor accused: N/AAccused: present