Woman charged with husband's murder in Kamukunji denied bail
By Joseph Ndunda |
The ODPP and the DCI opposed bail and bond terms for her citing possible interference with their main witness who is currently living with paternal relatives.
The High Court in Nairobi has denied bail and bond terms for a woman charged with the murder of her estranged husband in the Kiambiu area of Kamukunji sub-county in Nairobi to safeguard the key witness in the case.
Justice Kanyi Kimondo remanded Presiah Mutave Makau charged with the murder of Tylon Ahinga at his house because their eight-year-old son who was present during the alleged homicide is the star witness in the case and is vulnerable to manipulation and interference.
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The Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI) opposed bail and bond terms for her citing possible interference with their main witness who is currently living with paternal relatives.
The suspect had opposed the application to have her remanded in custody during the trial through her advocate claiming that the state had not presented compelling reasons to deny her freedom during trial. She said bond was her constitutional right under Article 49 (1) (h).
This prompted Justice Kanyi to order a social inquiry to determine the accused person's eligibility for bond and bail.
The pre-bail report compiled by probation officer Margaret Aduol indicated that the suspect could only be released on bond after vulnerable witnesses testify.
From the pre-bail report, Makau and Ahinga had separated.
Remarried
Their eight-year-old son was living with the deceased who had since remarried.
"The alleged homicide occurred in the deceased's house in the presence of the minor. It bears repeating that all those remain allegations for now. The minor is currently living with his paternal grandparents," stated Justice Kanyi in his ruling.
"Accordingly, and in the unique circumstances of this case, I readily find that the minor remains a vulnerable key witness; and, that the likelihood of interference by the accused is not far-fetched. There are thus compelling reasons for the denial of bail. Bail is refused at this stage."
The judge also said had also taken into account the circumstances of the victim's family.
He said the Victims Protection Act now requires that the views of the victim's family be considered at this stage.
The family is still bitter with the sudden loss of their loved one and Kanyi said their concerns are captured in the pre-bail report.
The judge however ordered that the trial be fast-tracked in the interests of justice.
Makau is accused of murdering Ahinga on May 2, 2023, which she has denied. She will remain in custody at the Langata Women's Prison in Nairobi until the court varies its orders after the vulnerable witnesses testify.
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