Republic v Kauli (Criminal Case E003 of 2025) [2026] KEHC 4515 (KLR) (23 February 2026) (Ruling) Neutral citation: [2026] KEHC 4515 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KWALE CRIMINAL CASE E003 OF 2025 F ANDAYI, J FEBRUARY 23, 2026 BETWEEN THE REPUBLIC ................................................................................... PROSECUTOR AND JAMES KAULI ............................................................................................... ACCUSED RULING 1. The Accused person was granted a bond of Ksh 500000 with one surety of like sum on 14/3/2024. He was not able to meet the bond terms. He thus applied for review of the bond terms on 4th November 2025. 2. In response, the learned prosecution counsel indicated that the terms granted by the court were commensurate to the charge. 3. This court called for a bail report. A bail report dated 16/12/2025 was filed herein by the Probation and Aftercare Department. It recommends that the accused person may be released on strict bond terms. 4. The said report observes that the deceased was the accused's person's wife with whom they had two children and further that the accused person had two other children from a previous relationship. One of the children was injured in the course of the incident for which the accused person faces trial herein. 5. The report further indicates that the family of the deceased are objecting to the release of the accused person and lenient bond terms, obviously, out of bitterness. 6. It further indicates that some of the witnesses are family members who live in the same homestead where the incident allegedly took place. 7. Further, the victim's family who are currently staying with the child who was allegedly injured have raised concerns over the safety of the child should the accused person be released on lenient bond terms. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4515/eng@2026-02-23 1
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8. The local community administration are also opposed to the release of the accused person on lenient bond terms. 9. The accused person has indicated that his brother is willing and ready to stand surety for him save that he thinks the value of the land he wishes to offer as security may not be sufficient. 10. I have considered the application for Review of Bond terms, the submissions by the prosecution counsel and the sentiments of the persons interviewed and contained in the bond-review report. 11. Taking into account all the circumstances including the fact that the case has not taken off since plea taking on 5th February 2024, over two years now, the gravity of the charge and earlier submissions by the prosecution that there is a confension on record and supported by the accused person's request for a plea bargain which was however declined by the victim's family, i find that the bond terms granted to the accused person are sufficient for now. 12. The application for review of bond terms is therefore not allowed. Orders accordingly. DELIVERED, DATED AND SIGNED AT KWALE ON THE VIRTUAL PLATFORM, MICROSOFT TEAMS THIS 23RD DAY OF FEBRUARY 2026. ANDAYI W. F. JUDGE In the presence of: Accused at Shimo La Tewa Ms Nandi for the State . Ummu: Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4515/eng@2026-02-23 2
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