REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 77 OF 2015 REPUBLIC..........................................................PROSECUTOR VERSUS ROBERT ZIPPOR NZILU MULINGE....................ACCUSED RULING 1. Robert Mulinge, the Accused herein, sought to be released on bail pending trial. In my ruling dated the 15th day of March, 2016 I attentively looked at factors that may be considered by a Court in determining whether or not to release an individual on bond. I found that witnesses who were to testify were close blood relatives of both the Deceased and Accused, therefore there was a likelihood of interfering with them. 2. On the 14th day of September, 2016 Counsel for the Accused renewed the application for bail. I considered the application and in my ruling dated the 11th day of January, 2017 I found that there were compelling reasons that militated against the release of the Accused on bond until some witnesses would have testified. 3. A total of eight (8) witnesses have testified in the matter. Counsel for the Accused has sought review of earlier orders of the Court. This Court’s concern was with the Accused’s likelihood of interfering with specific named witnesses. The likelihood of an Accused suppressing any evidence that may incriminate him is a good and compelling reason to make him incarcerated as clearly put in my two (2) rulings. 4. The matter was to be reviewed after witnesses under threat testified. 5. So far eight (8) witnesses have testified. All witnesses that were likely to be interfered with have testified. 6. In considering bail terms, however, unique circumstances of each case must be considered which I hereby do and grant the Accused bail and bond thus: (i) To pay a cash bail of Kshs. 2,000,000/=. (ii) In addition to provide a surety of Kshs. 3,000,000/=. 7. Orders accordingly. Dated, Signed and Delivered at Kitui this 20th day of February, 2018. L. N. MUTENDE JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.