Republic v Godfrey Mwangi Gahohi & 2 others

3. The Court granted adjournment for mental assessment and age assessment to be conducted; Legal representation, advocates to be appointed for 2nd & 3rd Accused persons through/by Pro -Bono Committee and all accused persons were to be presented on the next date. 4. On 16/7/2025, all Accused persons were represented by Advocates Mr Onduso for 2nd Accused person and Mr Kimathi for 3rd Accused person. The mental assessment reports for each of the Accused persons were presented and Age assessment reports. The Information/charge was read to each of the Accused person in Kiswahili by Court Assistant and each denied the charge and plea of not guilty was recorded for each of Accused persons. 5. The Defense applied for bail/bond for each of Accused persons. The Court granted parties/Counsel to file and serve Written submissions on bail/bond as ODPP objected to grant of bail/bond to Accused persons. The parties/Counsel were to obtain the Committal bundle from ODPP. 6. On 11/11/2025, the Court record had only written submissions for 2nd Accused person only, and ODPP confirmed filing Affidavit and Written Submissions opposing grant of bail and bond. The Advocates for 1st and 3rd Accused persons were not present physically /virtually and no reason circumstance or situation was advanced for the Court to consider. The Court set Ruling on Bail & Bond for 2nd Accused person only and the 1st & 3rd Accused persons Advocate to be informed by Deputy Registrar to file submissions on bail /bond or The Deputy Registrar appoints new advocates. 2nd Accused’s Written Submissions - Eric Omondi James 7. On 23rd July 2025 the 2nd accused person through his Advocate filed submissions and stated as follows: 1. He deposes in his affidavit that the accused persons should not be released on bond for reasons that there is a high likelihood of the accused threatening, coercing or interfering with witnesses who are well known to the accused persons and that they are a flight tick, given the serious nature of the charges against them. 2. The 2nd Accused humbly submits that, as an accused person, he has a constitutional right to be released on bail or bond, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released as provided under Article 49(1) of the Constitution of Kenya, 2010. 3. Section 123A (2) of the Criminal Procedure Code further mandates the court to grant bail to an accused person unless the court is satisfied that the accused person has previously jumped bail or should be kept in custody for his safety. Section 123A (1) provides for some of the factors that the court should consider when determining the issue of bond or bail which includes but not limited to nature or seriousness of the offience, the accused's character, antecedents, associations and community ties, the accused's record in respect of the fulfillment of obligations under previous grants of bail, and the strength of the evidence related to the offience in question. 4. The 2nd Accused reiterates that the said allegations by the affiant, advanced as compelling reasons for denial of bail, remain mere allegations not substantiated by evidence as required under law. They rely upon the case of Republic v Wanjiku & another (Criminal Case E002 of 2024) [2024] KEHC 4663 (KLR) (2 May 2024) (Ruling), where it was stated as follows; “ In regard to interference with the key witness, the prosecution did not demonstrate by way of affidavits or other evidence that such a thing was likely to happen. Further, the allegation that the accused person's safety is at risk is not supported by any https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19295/eng@2025-12-15 2

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evidence, which is yet another matter of speculation. In the case of R v Joktan Mayende & 3 Others (2012) KLR, the court in considering the scope of Article 49(1) (h) stated as follows:The phrase "compelling reasons" denotes that the reasons are forceful and convincing, as to make the court feel strongly that the accused should not be released on bond. Bail should therefore not be denied on flimsy grounds but on real and cogent grounds that meet the high standards set by the Constitution." 5. See also Republic v Kemboi (Criminal Case E006 of 2021) [2022] KEHC 10948 (KLR) (27 July 2022) (Ruling) and Nairobi High Court Criminal Case 61 of 2012, Republic vs. Dwight Sagaray & 4 Others, where this Court buttressed the requirement for the prosecution to advance evidence in support of reasons for denial of bond. 6. The issue that remains is that of the bond conditions. The 2nd Accused person has urged this court in his Replying Affidavit to take into consideration the following factors in granting him bail and bond; (i). The 2nd Accused is just over eighteen years of age. (ii) He has a fixed abode as he has been living with his parents and siblings in the Korogocho area for more than fifteen (15) years. 2nd Accused’s Replying Affidavit 8. 1. That he is not a flight risk as he have a fixed abode. He has lived with my parents in the Korogosho Area for over 15 years, and his parents still live in the same area. 2. That he has no capacity to interfere with the alleged prosecution witnesses as alleged by the Applicant, and no evidence has been advanced to demonstrate how he may coerce, threaten and interfere with the prosecution witnesses. 3. That even though the charge against him is serious, there is no evidence linking him to the offience in question and/or the evidence against him is tenuous, hence it will be unjust and unfair for me to be subjected to pre-trial detention. 8. The Office of Director of Public Prosecution filed Affidavit to oppose bond/bail and written submissions both online on CTS and provided physical copies. As the Court writes Ruling, they are not in the Court file. The same to be availed through Deputy Registrar to complete bond/bail application Ruling. Directions 9. 1. Avail copies of ODPP affidavit of Investigation Officer and Written Submissions through Deputy Registrar for Ruling on Bail/bond for 2nd Accused person on 18/12/2025. 2. The Children Officer to engage with 3rd Accused and provide a report. 3. 1st & 3rd Accused persons may file written submissions through advocates on record or DR to appoint other advocates through Pro -bono. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19295/eng@2025-12-15 3

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4. Alternatively, Pre-Bail Reports to be availed through Deputy Registrar for Ruling later on. RULING DELIVERED SIGNED & DATED IN OPEN COURT ON 15/12/2025 IN CRIMINAL DIVISION MILIMANI VIRTUALLY/PHYSICALLY. M.W.MUIGAI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19295/eng@2025-12-15 4

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