Republic v Jobwe (Criminal Case 33 of 2018) [2026] KEHC 2603 (KLR) (25 February 2026) (Ruling) Neutral citation: [2026] KEHC 2603 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 33 OF 2018 WM KAGENDO., J FEBRUARY 25, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND ANWAR BAKARI JOBWE .......................................................................... ACCUSED RULING 1. The accused, Anwar Bakar Jobwe, stands charged with the ofience of murder contrary to Section 203 read with Section 204 of the Penal Code. The particulars of the allegation are that on 12/06/2018 at Fioni Village, Msambweni Sub‑county, Kwale County, he unlawfully killed Hassan Juma Jackson. 2. The accused was arraigned, the information was read to him, and he entered a plea of not guilty. 3. The Court admitted the accused to bail on a bond of Ksh 200,000 with a surety of an equivalent amount. The accused complied with the conditions of bail from his release in 2018 until 2024, when he absconded. He has since filed an application for reinstatement of his bond conditions on medical grounds. The Court directed that a bail review report be prepared, which was filed by Mr. Stephen Muthoka. 4. Bail is granted solely to secure the attendance of an accused at trial and is not intended to facilitate evasion of justice. The quantum of bail is determined by the circumstances of each case, including the nature of the ofience, the severity of the potential sentence, and the social and financial position of the accused. Bail should be no greater than is reasonably necessary to ensure attendance and must not be so excessive as to operate as a denial of bail. Each application must be considered on its own merits, guided by the evidence before the Court. 5. I have considered the bail information report and the medical records from Coast General Hospital placed before the Court. The records indicate that the accused sufiers from a hernia with multiple https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2603/eng@2026-02-25 1
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complications which have reportedly deteriorated during his period of remand. The medical documentation from Coast General Hospital corroborates these assertions. 6. The grant of bail is not automatic and remains within the discretion of the Court. The Court must weigh the evidence pro and contra the grant of bail. Having so considered the material before me, I deem it appropriate to reinstate the accused’s bond conditions. The accused is reminded that, as the person charged, he bears the primary responsibility for pursuing progress in his case and must not rely solely upon his counsel for updates. 7. Accordingly, the accused’s bond is reinstated subject to an additional surety in the sum of Ksh 200,000 and the provision of an additional contact person. DELIVERED, DATED AND SIGNED AT MOMBASA THIS 25TH DAY OF FEBRUARY, 2026. Ruling delivered via Microsoft Teams Online Platform. HON. LADY JUSTICE WENDY MICHENI https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2603/eng@2026-02-25 2
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