Republic v Nyamai [2023] KEHC 23533 (KLR)

Republic v Nyamai (Criminal Case E013 of 2023) [2023] KEHC 23533 (KLR) (11 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23533 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case E013 of 2023

TM Matheka, J

October 11, 2023

Between

Republic

Prosecutor

and

Muinde Nyamai

Accused

Ruling

1. The accused person was charged with murder c/s 203 as read with s 204 of thePenal code. It was alleged that on the night of January 13, 2023 at Kyetonya Village Kusooni sub location Makinya Location Mbooni East Sub County within Makueni County he murdered Tony Mutie Kamula.

2. Plea was taken during the August recess on the August 3, 2023 and he pleaded not guilty.

3. He was granted bond of Ksh 1,000,000 with a Surety of a similar amount.

4. When he appeared before me he requested for review of bond terms stating that his family could only raise bond of Ksh 150,000 with a surety.

5. I ordered for a bail report from Probation and After Care Services Makueni. This was sent via email on October 9, 2023.

6. From the report it is evident that the accused disappeared from home after the alleged offence and was only arrested six months later. Other than that there are no other ground against his release on bond. There is then the need for a strict bond terms in the circumstances of the offence.

7. In the circumstances the bond terms are revised to Ksh 500,000 with a surety of the same amount or two sureties each of Ksh 250,000. Orders accordingly

DATED SIGNED DELIVERED VIRTUALLY THIS 11TH OCTOBER 2023. ..................................Mumbua T MathekaJudgeCA MwiwaAccused presentFor state Kazungu