Republic v Daniel Muchira Kubunya

KER254/2026 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERUGOYA CRIMINAL CASE NO E007 OF 2026 REPUBLIC ……………………………….…….………………….PROSECUTION VERSUS DANIEL MUCHIRA KUBUNYA ……………..……………..…………ACCUSED RULING [1] The Pre-bail report dated 18th June, 2026 is negative in this case of Murder by a spouse. The Probation Officer, primarily points to threats to witnesses especially one who is said to have been instrumental in the arrest of the accused and who has made report of such threats at Kabare Police Post under OB 05/15/06/2026. The security of the accused is also urged in opposing bail stating that there was a likelihood of vigilante justice being meted upon the accused for killing his wife. The DPP opposes bail on the grounds set out in the Report. [2] The accused counters that he has a surety–friend of his who is willing to accommodate him at Embu away from the area of the offence and cites the decision of the Court (Onyiego, J.) in R. v Regina Savina Wilson, that is having addressed the alleged fears, it is apparent that there are no sufficient reasons to deny accused bail”. [3] In this case, there is specific threat on the life of a witness who has recorded his threat at Police Station under OB 05/15/06/2026. It is not supporting a matter of likelihood of the nature of family relationship to interfere with witnesses as in the Ragina case where she was directed to keep away from “her matrimonial home, and off witnesses including her children.” [4] Despite the offer of alternative accommodation and residence at Embu away from the area of alleged offence, the alleged threat on the witness and the familial nature of the circumstances of this offence, creating a real possibility of likely 1

page 1 of 2