Republic v Paul Ndung’u Kahira & 4 others

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..........................................................................1 ST ACCUSED JOSPHAT NG’ANG’A MURATHA.............................................................2 ND ACCUSED MOSES EBONGON LOKADEL..................................................................3 RD ACCUSED GEORGE MUSYIMI KALUKU...................................................................4 TH ACCUSED MARANGA JOEL STEVES.........................................................................5 TH 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 20 th 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 1 st 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”.

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