REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 25 OF 2018 PETER MUTHENGI KIMWELE.....................................1 ST APPLICANT MWENDWA KIMUNZYU................................................2 ND APPLICANT KAVENGI MUTHENGI....................................................3 RD APPLICANT MARTHA MWENDWA....................................................4 TH APPLICANT SIMON MUTHENGI KATHIKA ALIAS NTUIRU.......5TH APPLICANT VERSUS REPUBLIC.............................................................................RESPONDENT RULING 1. The Applicants herein seek to be released on bail pending trial. They are charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. The Application is premised on grounds that they were arraigned in Court following the accusation on the 6th day of August, 2018; they are known residents of Ngongoni Location in Tseikuru Sub-County of Kitui County and hence no chance of absconding; the 3 rd Applicant is a wife to the 1st Applicant; they have five (5) children; while the 4 th Applicant is a wife of the 2 nd Applicant and they have eight (8) children. 3. The Application is unopposed. I have perused the pre-bail reports filed herein which are favourable to the Applicants. I therefore grant orders thus: Accused 3 and 4 – Each will be released on bond of Kshs. 200,000/= with a surety in a like sum. Accused 1, 2 and 5 – Each will be released on bond of Kshs. 800,000/= with a surety of an even sum. 4. It is so ordered. Dated, Signed and Delivered at Kitui this 3rd day of July, 2019. L. N. MUTENDE JUDGE
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