REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT TIGANIA MCCR E570 OF 2026 REPUBLIC-----------------------------------------------DIRECTOR OF PUBLIC PROSECUTIONS –VS– DENNIS MUTETHIA ALIAS DENNO------------------------------------------------------ ACCUSED RULING 1. The accused person is charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. Upon taking plea, this court directed that a pre-bail or bail assessment report be presented for purposes of ascertaining whether the accused is suitable for release on bail and the suitable terms thereof. This is because the prosecution did not advance any compelling reasons to deny him bail as envisaged under Article 49(1)(h) of the Constitution of Kenya, 2010, which guarantees the right to be released on reasonable bond or bail terms unless there are compelling reasons to the
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republicofkenyaintheseniorprincipalmagistrate’scourtattiganiamccre570of2026republicdirectorofpublicprosecutions vrsdennismutethiaaliasdennoaccusedruling contrary. This court now has the advantage of going through the pre-bail reports presented in respect to the accused person. 2. The court has considered the serious nature of the offence, a capital offence. The report concludes that the accused is a 24-year-old man, a resident of Nkono location. That he dropped out in standard 7 allegedly due to acute family challenges. That he has been doing casual jobs as well as operating a barber shop near his home. That the victim is a person well known to him and does not oppose his release on bail. That the victim has in fact indicated that he has opened door for reconciliation if the accused apologizes to him and his family approaches him for serious talks over this matter. the report thus recommends lenient bond terms. ORDERS 3. Noting the recommendations in the bail assessment report herein, I do hereby order that the accused person herein may be released on a bond of Kshs. 50,000/- with one surety of a similar amount. No provisions for cash bail at the moment given the capital nature of the offence herein. Orders accordingly. Page 2 of 3
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republicofkenyaintheseniorprincipalmagistrate’scourtattiganiamccre570of2026republicdirectorofpublicprosecutions vrsdennismutethiaaliasdennoaccusedruling DATED, SIGNED AND DELIVERED AT NAKURU THIS ....08th ....... DAY OF ...September......., 2026. _________________________________ ALOYCE PETER NDEGE SENIOR PRINCIPAL MAGISTRATE In the presence of; Court interpreter: Mugambi Prosecution Counsel: Mbae Accused: Present Victim: Present CT: Hearing on 02/12/2026 and Mn for PTD on 21/09/26. The accused has the right to advocate of own choice, witness statements and dox upon meeting the costs. Page 3 of 3
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