Republic v Kinuthia (Criminal Case E010 of 2022) [2025] KEHC 19713 (KLR) (18 March 2025) (Ruling) Neutral citation: [2025] KEHC 19713 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CRIMINAL CASE E010 OF 2022 DO CHEPKWONY, J MARCH 18, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JOHN KIMUNYA KINUTHIA ................................................................... ACCUSED RULING 1. The Accused person John Kimunya Kinuthia was charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of ofience are that:“ On the 25th/26th day of February, 2022 at Githioro village in Tin’gang’a location, Kiambu East Sub County within Kiambu County, the accused person jointly with others not before court murdered one Onesmus Mwangi Kimunya.” 2. On 23rd March, 2023, the accused person took plea and he pleaded ‘Not Guilty’. The court then called for a Pre-trial Information Report for consideration of the accused person’s release on bond. The Prebail Information Report was filed on 30th May, 2022. The bail application was argued on 4th October, 2020 but in a ruling delivered on 10th March, 2023 by Kasango J the accused person’s application for release on bond/bail was declined on account of there being compelling reason for him to be released on bond. 3. On 16th September, 2024, counsel for the accused applied for a review of accused person’s bond terms and on 6th November, 2024, the court delivered a ruling whereas it granted the accused person release on a bond of Kshs. 500,000/= with one surety of a similar amount or in the alternative, release on cash bail of Kshs. 200,000/= and several other bond conditions. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19713/eng@2025-03-18 1
page 1 of 2
4. However, on 11th February, 2025, the accused’s counsel sought to have the court review the order for accused to be released on cash bail of Kshs. 200,000/= to Kshs. 100,000/= on the ground that the family of the accused person can only manage to raise that. 5. It is trite that the purpose of bail and bond terms are to ensure attendance of the accused person in court but not meant to punish the accused person. This Court is guided by the decision in the case of Cyril Kipruto Serem v Republic [2020] eKLR, which rendered thus:“ The amount of bail or bond is not supposed to be an approximation of the value of the subject matter of the criminal charge. It does not follow that the higher the value of the property subject of the trial the higher the bail/bond terms. It is with respect faulty reasoning because, were it so, those poor ofienders on charges, for example, of destruction or attempted fraudulent obtaining, of property of high value would never secure hefty bail and bond terms imposed. Terms of bond are not meant to punish the accused for any perceived guilt for the charges leveled against him. Nor are the terms meant to ensure he is detained awaiting trial to avoid his escape or to ensure punishment. Terms of bail or bond should be tailored to secure and ensure the attendance in court of the accused for purpose of his trial. If the case meets the criteria for grant of bail in that there are no compelling reasons to deny bail, then the conditions for bail must be such as the accused in the particular case is able to meet. So that grant of bail is not a backdoor denial of liberty contrary to, and in mockery of Article 49(1)(h) of the Constitution. The accused is innocent until proved guilty and he is entitled to the Article 25 fair trial protections afiorded an accused under the Constitution.” 6. Given that this is the second time that the accused person is seeking a review of bail/bond terms set by this Court and coupled with the fact that since the institution of this case on 21st March, 2023, witness has been availed before court to testify, the court shall exercise its discretion and leniency once more and proceeds to order that:a. The order for a bond of Kshs. 500,000/= with one surety of a similar amount be and is hereby maintained. b. The cash bail of Kshs. 200,000/= is hereby reviewed as prayed and accused may be released on a cash bail of Kshs. 100,000/=. c. All other terms set vide the ruling delivered on 6th November, 2024 to be maintained. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 18 TH DAY OF MARCH, 2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19713/eng@2025-03-18 2
page 2 of 2