Case ID:201339

Republic v Ingutia & another (Criminal Case E004 of 2022) [2022] KEHC 12365 (KLR) (16 June 2022) (Ruling)

Case Metadata

Case Number:

Criminal Case E004 of 2022

Parties:

Republic v Ingutia & another

Date Delivered:

16 Jun 2022

Case Class:

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Rachel Biomondo Ngetich

Citation:

Republic v Ingutia & another (Criminal Case E004 of 2022) [2022] KEHC 12365 (KLR) (16 June 2022) (Ruling)

Advocates:

Mr. Nduati for 2nd Accused, Ms. Annah Ndungu for State, Ms. Annah Ndungu for 1st Accused

Court Division:

Criminal

County:

Kiambu

Advocates:

Mr. Nduati for 2nd Accused, Ms. Annah Ndungu for State, Ms. Annah Ndungu for 1st Accused

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Republic v Ingutia & another (Criminal Case E004 of 2022) [2022] KEHC 12365 (KLR) (16 June 2022) (Ruling)

Neutral citation:

[2022] KEHC 12365 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E004 of 2022

RB Ngetich, J

June 16, 2022

Between

Republic

Prosecution

and

Joseph Echabo Ingutia

1

st

Accused

Evalyne Nawire Nyongesa

2

nd

Accused

Ruling

1.

The accused persons herein Joseph Echabo Ingutia and Evalyne Nawire Nyongesa were charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the

Penal Code

.

2.

Particulars are that, on the 10

th

day of January, 2022 at Uthiru village in Kabete Sub-county within Kiambu County they murdered one Grace Muthoni.

3.

The charge and its full particulars were read over to the accused persons on 2

nd

February, 2022. They both denied the charge and its particulars and through their respective advocates Mr. Ndungu and Mr. Nduati, they applied for bond.

4.

The State Counsel Mr. Gacharia indicated to the court that the State is not opposed to the accused persons being released on bond but urged this Court to consider calling for a pre-bail report before setting bond terms.

5.

Mr. Ndungu for the 1

st

accused submitted he is not opposed to the pre-bail being prepared and submitted to court that the accused can be denied bail if there are compelling reasons.

6.

Smilarly Mr. Nduati for the 2

nd

accused did not opposed bail report being availed to court. He applied to be furnished with the prosecution documents.

7.

The pre-bail reports in respect to both accused persons were filed on 6

th

June 2022; I have perused the report filed on behalf of the 2

nd

accused.

8.

The family of the 2

nd

accused promised to support her and the father is ready to deposit the title deed in court as security. The family of the 1

st

accused also promised to support him if released on bond/bail. The father however said they have no security to deposit in court. The victim’s family is opposed to the accused persons being granted bail.

9.

The local administration indicated that they do not know the accused but confirm they have never been involved in offending behavior

10.

Article 49(1)(h) of the Constitution provides as follows:-

“An accused person has the right …

(h)

To be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.

11.

From the foregoing there is no compelling reason to deny both accused persons bond.

12.

Final Orders:

1.

The application on bond is hereby allowed.

2.

Each accused persons may be released on a bond of Kshs. 500,000/= with a surety of a similar amount.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 16

TH

DAY OF JUNE, 2022

………………………………

RACHEL NGETICH

JUDGE

In the Presence of:

Kinyua – Court Clerk

Mr. Nduati for 2

nd

Accused

Mr. Gacharia for State

Ms. Annah Ndungu for 1

st

Accused