Republic v Nicholas Ngolua [2017] KEHC 1995 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO.40 OF 2015

REPUBLIC ....................................................PROSECUTION

VS

NICHOLAS NGOLUA...............................................ACCUSED

RULING ON BOND

The accused Nicholas Ngolua faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.

Particulars are that Nicholas Ngolua between the night of 8th and 9th May 2015 at an unknown time in Lambocha village, Tigania East Sub county in Meru County  murdered Mary Gakii.

Accused appeared in court on 15th May 2015 and pleaded to the charge against him on 15th June 2015.  On 12th June 2017 this court called for a pre-bail Report which was filed on 28th July 2017.

The report is not favourable for accused persons release on bond for reasons among others that after he allegedly committed offence he escaped and was only arrested in Nanyuki.  When he passed by his parents house so early in the morning to say he was going to Imenti, they questioned why he had left that early and when they went to check with the wife to inquire whether there was a misunderstanding they were shocked to find the wife lying dead on their bed.

In the circumstances accused persons application for bond is disallowed.  He will undergo trial while in custody.

HON. A.ONG’INJO

JUDGE

Ruling Signed, Delivered and Dated this 30th of October 2017.

HON. A.ONG’INJO

JUDGE