Simon Kahindi Menza v Republic [2015] KEHC 5262 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MALINDI

CRIMINAL REVISION NO. 25 OF 2014

(From the Principal Magistrate's Court at Kilifi Criminal Case No. 365 of 2014)

SIMON KAHINDI MENZA  …..............................APPLICANT

VERSUS

REPUBLIC …......................................................RESPONDENT

ORDERS ON REVISION

I have perused the record of the trial court as well as the prebail reports.   The only issue raised in those reports is that the accused is likely to interfere with the witnesses.  This is a case of incest and naturally the witnesses are family members.  It is not the norm that anyone charged with incest should not be bonded as he/she would interfere with the witnesses.  The court can warn the accused and remind him that should he interfere with the witnesses then the bond would be canceled.

The accused is granted a bond of kshs. 100,000 (one Hundred Thousand) with one surety of similar amount.  The accused is hereby warned that should any of the witnesses inform the court or the investigating officer that the accused is trying to persuade them not to testify or in any other way interfere with the witnesses, then the bond shall be canceled.

Delivered and dated at Malindi this 9thday of January, 2015in the presence of:

Said J. Chitembwe

JUDGE