Republic v Kamau (Criminal Case E1729 of 2025) [2025] KEMC 270 (KLR) (11 November 2025) (Ruling) Neutral citation: [2025] KEMC 270 (KLR) REPUBLIC OF KENYA IN THE NAKURU LAW COURTS CRIMINAL CASE E1729 OF 2025 PA NDEGE, SPM NOVEMBER 11, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND DANIEL WAWERU KAMAU ...................................................................... ACCUSED RULING 1. The accused person herein, Daniel Waweru Kamau, is charged with the ofience of Robbery with Violence contrary to section 292(2) of the penal code. The particulars are that on the 08th day of August 2025 within Rhonda Estate in Nakuru West Sub-County within Nakuru County, jointly with others before court, while armed with dangerous weapons namely knives, they robbed Vincent Kiplangat Koech his mobile phone make Redmi Note 13 valued at Kshs. 17,000/- and at the time of such robbery, they used actual violence to the said Vincent Kiplangat Koech. 2. The accused has now applied for a bail and bond review. I am guided by the Bail and Bond guidelines and Article 49(1) (h) of the Constitution of Kenya, 2010 which provides that an arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. 3. The Pre-Bail report to the court reveals that the accused person is a 25 years old young man and a father of 1. That he comes from a humble background and originates from Njoro. That he only has on parent surviving at the moment – his father. That he depends on rental income for a living. He is a university drop out with skills in painting. He is well depended on by his young family and that prior to his arrest, he worked as a painter within Nakuru County. That his father is ready and willing to stand surety for him if a cash bail is granted. The probation oficer proposed cash bail of Kshs. 20,000/=. https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/270/eng@2025-11-11 1
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4. The learned prosecution counsel, Mr. Macharia, has submitted that the proposed bail amount appears too lenient or low given the seriousness of the charges facing the accused person herein. That the court should consider the nature and seriousness of the ofience herein in setting the bail terms. 5. In reviewing the bail and bond terms, this court must weigh the accused’s right to liberty against the need to ensure his attendance at trial. The accused is facing a serious capital ofience. It is then, guided by the above reasoning, the accused to be admitted to: a. Cash bail in the sum of Kshs. 30,000. b. Shall report to the Oficer Commanding station (OCS) Rhonda Police Station, once every two weeks. c. Failure to comply with these conditions shall result in revocation of bail and bond. DATED, SIGNED, AND DELIVERED THIS 11TH DAY OF NOVEMBER, 2025 HON ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Wakesho Prosecution Counsel: Macharia Accused: Present Victim: n/a Accused in Kiswahili: I still do not have the witness statements. Police oficer Abdi Jirmi of Rhonda police station detained my infinix hot 6. I want the same returned to me, or it be handed over to my parent. I will be able to afiord the cash bail. My parent had Kshs. 20,000/- but I do believe that he shall be able to raise the additional 10,000/Macharia: We shall supply the statements during the mention date. I also need time to confirm from the i/o whether the phone is part of the exhibits. Accused in Kiswahili: I have no issue with that. CT. Hearing on 15/07/26 and Mn. On 24/11/25. https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/270/eng@2025-11-11 2
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