REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CRIMINAL CASE NO. E028 OF 2026 REPUBLIC……………………………………..PROSECUTOR =VERSUS= JOHN JUMA NYAKWEBA...............................ACCUSED RULING 1. The Accused JOHN JUMA NYAKWEBA is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63 Laws of Kenya). 2. After taking the plea, and pleading not guilty, his Advocate applied for released bail/bond. Urging that the Accused has a fixed place of abode, he is a family man, and that he is willing to abide by any bail/bond terms that this Court may set. 3. In response, the prosecution stated that while it is not opposed to the Application, the Accused and the deceased were neighbours, the alleged offence occurred in that locality, and the co-suspects currently on the run. Determination 4. Bail/bond is a right under Article 49 (i) (h) of the Constitution; and this offence even though serious, is bailable. However, in the light of the circumstances alluded to by the prosecution, there will be need for a social inquiry into the facts and pre-vailing circumstances back home. Given that the Accused and the deceased were residents in KISII HC Criminal case No. E028 of 2026 1
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the same local community, and also given that the prosecutor has stated that other suspects suspected to have committed the alleged offence with the Accused, are allegedly on the run currently. This is information is from the Investigating Officer No. 76490 PC Fred Limo. 5. For these reasons, decision on this bail/bond Application is hereby deferred until a social inquiry has been done, and a pre-bail report has been filed by the Kisii County Probation Office. The report be filed within 14 days. Thereafter, this Application shall be revisited. DATED and DELIVERED at KISII on this 11th day of August 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Criminal case No. E028 of 2026 2
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