Republic v Paul Ndung’u Kahira, Josphat Ng’ang’a Muratha, Moses Ebongon Lokadel, George Musyimi Kaluku & Maranga Joel Steves [2019] KEHC 5268 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 14 OF 2019

REPUBLIC....................................................................................................PROSECUTOR

VERSUS

PAUL NDUNG’U KAHIRA..........................................................................1ST ACCUSED

JOSPHAT NG’ANG’A MURATHA.............................................................2ND ACCUSED

MOSES EBONGON LOKADEL..................................................................3RD ACCUSED

GEORGE MUSYIMI KALUKU...................................................................4TH ACCUSED

MARANGA JOEL STEVES.........................................................................5TH ACCUSED

RULING

1. All the accused pray for bail pending trial.

2. There are five pre-bail reports in respect of each accused person filed on 23rd July 2019 recommending that they all be granted bond.

3. The application is not contested by the Republic.

4. The accused is deemed innocent. Under Article 49 (1) (h) of the Constitution, he is entitled to bail pending trial unless there are compelling circumstances.

5. The overarching objective of bail is to ensure the accused attends his trial.  Muraguri v Republic [1989] KLR 181.

6. Other relevant considerations include the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.

7. The accused face a grave charge of murder. The Director of Public Prosecutions informs the High Court that on the night of 20th and 21st April 2019 at Delmonte Farm in Gatanga Sub-County within Murang’a County, the accused jointly with others not before the court, murdered Bernard Murigi Wanginye alias Wamau.

8. I have taken into account that the probation service recommends their release on bond. But from the part of the charge that I have highlighted above, it is obvious that other suspects are at large. From the committal bundle filed in court, the accused are all employed as guards at the farm. The deceased is alleged to have been in a group of about fourty persons who attempted to steal pineapples from the farm. They were cornered or attacked by the guards.

9. There are two other concerns. The first relates to security. In two of the pre-bail reports on the 1st and 2nd accused prepared by Mr. Irungu, it is stated-

“The local administration indicated that after the incident members of the local community from the deceased [sic] community staged a demonstration against the Delmonte Farm and some farm property was destroyed. The situation was calmed by the police and local administration”.

10. Secondly, all the pre-bail reports tend to down play the concerns of the victim’s family. The Victims Protection Act 2014 requires the views of victim’s family to be taken into account at this stage. The father of the deceased, Gilbert Wanginyi, has expressed anguish at the loss of his young son. He does not know any the accused or the persons who killed his son. I appreciate his bitterness and angst for the death of his son.

11. For all of those reasons bail is denied. In the interests of justice I direct that the trial be fast-tracked. The Deputy Registrar shall grant a hearing date on priority.

It is so ordered.

DATED, SIGNEDandDELIVEREDatMURANG’Athis 25th day of July 2019.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. Gichuru for the Republic.

Ms. Dorcas and Ms. Elizabeth, Court Clerks.