Republic v Muthomi

Republic v Muthomi (Criminal Case E331 of 2026) [2026] KEMC 999 (KLR) (15 September 2026) (Ruling) Neutral citation: [2026] KEMC 999 (KLR) REPUBLIC OF KENYA IN THE TIGANIA LAW COURTS CRIMINAL CASE E331 OF 2026 PA NDEGE, SPM SEPTEMBER 15, 2026 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND DIFFALY MUTHOMI ................................................................................... ACCUSED RULING 1. The accused person is charged with 2 counts of the oence of grievous harm contrary to section 234 of the Penal Code. Upon taking plea, where he denied the charges, the prosecution prayed that bond or bail terms be put on hold, pending the submissions of a Pre-bail report on the suitability of the accused to be placed on bond/ bail. In making the application, the prosecution counsel submitted that one of the victims herein is a relative of the accused and was in serious condition. 2. This court now has the advantage of going through the pre-bail report presented in respect to the accused person. The court has considered the serious nature of the oence, the circumstances of arrest, and the accused predisposition to violence and escape from the law. Moreover the accused has no xed abode as his family, the community and local administration has disowned him. Further, one of victims herein, accused step mother, appears to be in real fear for her if the accused is released. Orders 3. Noting the strong sentiments by the victim herein and the community, I nd it safer to deny the accused person bond/ bail at this stage. The report presented by the probation ocer discloses several compelling reasons to have the accused undergo this trial while in custody, prime of which he is a serious ight risk if released on bond/ bail. I therefore deny him bond or bail. DATED, SIGNED AND DELIVERED AT TIGANIA THIS…15th…. DAY OF…September, 2026 ............................ https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/999/eng@2026-09-15 1

page 1 of 2