REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. E049 OF 2023 REPUBLIC--------------------------------------------------------- PROSECUTION VERSUS CYLITTE KERUBO MATARA ALIAS ZAINAB KERUBO MATARA -------------------------------------------------------------------------------------ACCUSED RULING ON REVIEW OF BAIL FOR 2ND ACCUSED 1. The two accused persons Cylitte Kerubo Matara alias Zainab Kerubo Matara and Nicholas Nyambati Ombae alias Nico are both charged with the offense of murder that on the night of 17th November 2021 within Dandora phase 3 in Njiru Sub county within Nairobi County they murdered Geoffrey Akuma Bosire. 2. The accused persons have both applied to be released on bail pending trial. 3. The prosecution was opposed to the release of both accused persons on bail on the ground that the two are likely to interfere with witnesses should they be released on bail at this stage. 4. The prosecution contends that the accused Nicholas Nyambati Ombae alias Nico is a flight risk and if released on bail he may never return for trial. 5. Article 49 (1) (h) guarantees the release on bail of an accused person unless there are compelling reasons to deny bail. NAIROBI HC CR CASE E 049 OF 2023 – Republic –vs- Cylitte Kerubo Matara Alias Zainab Kerubo Matara 1
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6. The courts have identified the possibility of interference with witnesses as a key ground for denial of bail. 7. The fact that an accused person is a flight risk is also a good ground to deny bail. 8. The Honorable Justice Kimondo in respect of Nicolas Nyambati Ombae vide a ruling dated 18th August 2023 declined to grant the accused bail and ordered that he remains in custody until the conclusion of the trial. 9. The learned Judge went further to order that the trial be fast tracked in the interests of justice. 10. I have independently looked at the matter and I do not find any change of circumstances in respect of Nicholas Nyambati Ombae to warrant his release on bail. 11. This court can only review bail in respect of him if there is a clear demonstration of change of circumstances to warrant the review. See Republic Vs. Diana Suleiman Salim [2014] KEHC 1745 (KLR) 12. It is incumbent upon an accused person seeking to be released on bail whenever he seeks a review of an earlier order declining to grant bail to present material that clearly points to a change of circumstances to warrant their review. 13. The issue of threat to the witnesses in a joint trial is a matter that affects the right of the accused person to be released on bail. The trial is one and thus the court must look at the matter keenly while at the same time taking into account the special circumstances of each accused person. 14. The accused Nicolas Nyambati Ombae has not discharged that duty thus I decline to review the orders of Kimondo J granted on 18 th August 2023 he shall remain in custody till the determination of this matter. NAIROBI HC CR CASE E 049 OF 2023 – Republic –vs- Cylitte Kerubo Matara Alias Zainab Kerubo Matara 2
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15. As for Cylitte Kerubo Matara alias Zainab Kerubo Matara, it is this court’s finding that although the pre-bail report is positive and recommends her to be admitted to bail, but considering that the two face a joint trial, it would not be inappropriate to order her release on bail at this stage considering that the prosecution has expressed some concern about possible interference with the witnesses. 16. All the witnesses who may be at risk must be allowed testify first in order to secure and protect the interests of justice 17. Accordingly, the order that this court makes is that the prosecution should line up the witnesses they have identified as potential targets of interference and have them testify at the next hearing. 18. Once those witnesses are heard this court shall consider revisiting the issue of bail in respect of both accused persons. 19. The interests of justice are a concern that would pass the test set under Article 24 of the Constitution on the limiting of rights of the two accused persons at this stage. 20. The court is under duty to ensure that the interests of justice are not compromised by providing an opportunity to the prosecution to prosecute its case. 21. I must however make it clear to the prosecution that should they fail to set down the matter for hearing immediately and avail all their witnesses who are at the risk of being interfered with on the first 2 days of hearing, this court shall be minded to revisit the issue of bail suo moto 22. It is so ordered. DATED, SIGNED and DELIVERED VIRTUALLY at NAIROBI this 20th day of APRIL, 2026. NAIROBI HC CR CASE E 049 OF 2023 – Republic –vs- Cylitte Kerubo Matara Alias Zainab Kerubo Matara 3
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A. M. MUTETI JUDGE In the presence of: Habiba: Court Assistant Ms Njoroge for State Gesumwa for 1st Accused Otieno for 2nd Accused 1st Accused Present 2nd Accused NAIROBI HC CR CASE E 049 OF 2023 – Republic –vs- Cylitte Kerubo Matara Alias Zainab Kerubo Matara 4
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