Republic v Samuel Mburu Nyambura [2022] KEHC 1682 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 001 OF 2022

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

-VERSUS-

SAMUEL MBURU NYAMBURA.......................................................ACCUSED

RULING

1. The accused SAMUEL MBURU NYAMBURA is charged with the offence of murder contrary to Section 203 as read with section 204 of the Penal Code.

2. Particulars are that on the 12th day of December, 2021 at Nyathuna Sub-location Kabete Sub-county within Kiambu County he murdered one Amos Kihuha Waweru.

3. The charge and its full particulars were read over to the accused on 24th January, 2022.  He denied the charge and its particulars and through his advocate Mr. Kimathi, he applied for bond.

4. The State Counsel Mr. Gacharia indicated to the court that the State is not opposed to the accused being released on bond but urged this Court to consider calling for pre-bail report before setting bond terms.

5. Mr. Kimathi for the accused submitted that the accused is a sole bread winner married with a young wife who is a house wife and two minor children who depend on him.  He further submitted that the accused will not interfere with evidence and is not a flight risk.

6. I called for pre-bail report which had been filed in court on 10th February, 2022.  Counsel for the accused requested time to enable him be served with copy of the request.

7. On 9th March, 2022 counsel for accused submitted that his client is likely to be set free after trial and he should be released on bond as there is possibility of him suffering irreparable damage at the end of the trial if not released on bond.  He added that accused is a first offender and has cooperated all through since his arrest.  He prayed that accused be allowed to enjoy fruits of Article 49 of the Constitution.  The State Counsel reiterated that the state is not opposed to accused being released on bond.

8. I have perused the probation officer’s report.  I note from the pre-bail report that the victim’s family indicated that they fear accused may be attacked by villagers if released.  I have not however seen feedback by the local administration or information from any other quarter/person that touch on security of the accused.  The allegation is not therefore supported.  The family of the accused have promised to support him to ensure that he attends court when required.  They are willing to deposit title deed in court as security.

9. From the foregoing, I see no compelling reason to deny accused bond.  I therefore proceed to allow the accused’s application for bond and I hereby release the accused on a bond of Kshs.1m with one surety of a similar amount.

RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF MARCH, 2022.

RACHEL NGETICH

JUDGE

Coram:

Court Assistant : Kinyua

Accused : - SAMUEL MBURU NYAMBURA

For  accused : - Present

For DPP : - Mr. Gacharia

Rulingdelivered virtually.

RACHEL NGETICH

JUDGE