REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KABARNET HCCRC NO. E009 OF 2025 REPUBLIC ……………………………………………………..PROSECUTOR VERSUS SHALLIN KAPKOMOL ………………………….....…….……… ACCUSED RULING ON BOND (1) The accused SHALLIN KAPKOMOL is charged with murder contrary to section 203 as read with section 204 of the Penal Code. Ruling (Bond) HCCRC E009 of 2025 Page 1 of 5
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(2) It is alleged that on 13/4/2025 at Chesakam village, Ribikwo Location, Tiaty West Sub-County she murdered Kapkomol Kapdong. (3) She appeared 1st time on 6/5/2025. She took plea on 21/5/2025 and denied the charge. She was almost 8 months pregnant. (4) A pre-bail report was filed on 25/5/2026. (5) The report points the picture of an accused person whose family does not understand what bond terms are all about – and to whom the Probation Officer did not explain. It is not about money – it is about the commitment to ensure that the accused person attends court. (6) It is not ok that throughout the PACs report the family is saying that they will not be able to raise any amount that Ruling (Bond) HCCRC E009 of 2025 Page 2 of 5
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the court may ask for. The PACs Officer ought to have asked the question – Are you able to guarantee that if the accused person is released to you, she will attend court? (7) The accused person has a baby born while she was in custody. That child has no business being in remand with the mother – and it is the duty of the PACs Officer and the Children Officer who are both authorised officers under the Children Act ,2022, to assist the court to find the best alternative for the accused pending the hearing and determination of this case. (8) The accused is barely out of her teens and has been a mother twice – but lost her 1st child. The PACs Officer and the Children Officer need to move to find an alternative surety/place – she can stay pending the completion of her case. (9) In the meantime bond is set at Kshs. 200,000/= with a surety of the same amount. Ruling (Bond) HCCRC E009 of 2025 Page 3 of 5
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(10) A P&C file be opened for the child who is in need of care and protection as per s.144.of the Children Act which provides for when a child is in need of care and protection For the purposes of this Act, a child in need of care and protection includes a child— (e) whose parent or guardian has been detained, held in custody or imprisoned or is in remand, (11) This order be served on the upon the PACs and the SDCS Officer for purposes of compliance. (12) Mention on 4th June 2026 for the P&C file and the Children Officer’s Report. RULING dated signed and delivered virtually this 29 th May 2026. Ruling (Bond) HCCRC E009 of 2025 Page 4 of 5
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MUMBUA T MATHEKA JUDGE Ruling (Bond) HCCRC E009 of 2025 Page 5 of 5
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