Republic v Michael & another (Criminal Case E023 of 2024) [2025] KEHC 19495 (KLR) (4 November 2025) (Ruling) Neutral citation: [2025] KEHC 19495 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL CASE E023 OF 2024 LW GITARI, J NOVEMBER 4, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND VILONICA MUENI MICHAEL ............................................................ 1ST ACCUSED FRANCIS KISUNZA ............................................................................. 2ND ACCUSED RULING 1. This matter comes up for Ruling on the reviewed application for bail and bond by the 2nd respondent. The counsel for the 2nd accused submitted that there was a pre-bail report which had indicated that the 2nd accused is a notorious drug peddler. 2. The counsel for the 2nd accused submitted that the allegations were not substantiated as there were no OB reports or previous convictions to support those assertions. That the accused has a right to bail unless compelling reasons are shown. That without prove of the allegations, the report is an affront to Article 50 of the Constitution which provides that a person is presumed innocent until proven guilty. 3. It is further contended that the matter of interference with witnesses has not been brought to this court. That the prosecution is supposed to avail evidence. In its rejoinder, Mr. Ochieng for the State opposed the application and referred the court to an affidavit and the pre-bail report. That the documents helped the court to determine whether to release the accused on bail or not. 4. The counsel submitted that there was allegation of interference with witnesses. He reiterated the submissions opposing bail and additionally, that the 2nd accused is the contact person of the suspect who is at large and is in the U.S.A. That 2nd accused is the financial of the crime. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19495/eng@2025-11-04 1
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5. I have considered the application for bail and the objection. This court, Justice Limo, gave a Ruling on 23.10.2024 and stated: “ This court finds that the probation report is adverse to his release on bond for now. The 2nd accused can renew the application for bond at a later date.” 6. The court declined to grant bail based on the pre-bail report on the affidavit sworn by the investigating officer. This court was informed that the circumstances have not changed. The Judge acted on the prebail report. There is nothing new to suggest that the circumstances stated in the pre-bail report have changed. This court is not sitting on appeal against the finding by Justice Limo as I have concurrence jurisdiction with him. 7. I have perused the pre-bail report. It shows that the accused is likely to commit offences if released. 8. I find that the report raises compelling reasons not to release the accused on bail. There is nothing upon which this court can cling on to review the order denying him bail. The application lacks merit and is declined. DATED, SIGNED AND DELIVERED AT KITUI THIS 4TH DAY OF NOVEMBER, 2025. HON. LADY JUSTICE L. GITARI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19495/eng@2025-11-04 2
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