Republic v Epaa alias Soldier (Criminal Case E2024 of 2024) [2025] KEMC 279 (KLR) (15 May 2025) (Ruling)

Republic v Epaa alias Soldier (Criminal Case E2024 of 2024) [2025] KEMC 279 (KLR) (15 May 2025) (Ruling) Neutral citation: [2025] KEMC 279 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E2024 of 2024 PA Ndege, SPM May 15, 2025 Between Republic Prosecution and Daniel Epaa alias Soldier Accused Ruling 1.The accused herein, Daniel Epaa alias Soldier, is charged with the offence of breaking into a building and committing a felony, contrary to section 306(a) of the [Penal Code](/akn/ke/act/1948/81). The particulars are that on the night of 12th September 2024, in the Kingdom Seekers area of Nakuru East Sub- County, the accused, together with others not before the court, unlawfully broke into the shop of one Abdullahi Mohammed and stole goods valued Kes 383,570, including foodstuffs, electronics and gaming devices. He faces an alternative count of neglect to prevent a felony, contrary to section 392 of the Penal Code. 2.Upon pleading not guilty, the court granted the accused a cash bail of Kes 100,000 or Bond of Kes 300,000 with one surety of similar amount. He now applies for a review of bail terms, stating that he is not financially able to raise either the cash bail or bond. 3.In support of this application, the court considers the Bail information report dated 7th May 2025. It shows that the accused is a 25-year-old casual labourer earning Kes 6,000 per month. He has no stable residence in Nakuru. His mother was uncooperative, and his employer could not be reached despite several attempts. These circumstances raise concerns about the accused’s social support and ability to honour bail terms. 4.The prosecution did not oppose this application but urged the court to exercise discretion cautiously considering the serious nature of the offence. The complainant, PW1 Hassan Abdullahi, has already testified that the accused, who was formerly employed as his security guard, was found at the scene with the alleged thugs, was seen releasing one of them and was caught on CCTV handing over a metal bar. Even though this matter is still at its initial stages, any evidence already on record herein should also be considered to gauge the strength of the prosecution’s case, especially with regards to the presumption of innocence. 5.The law governing bail is found in Article 49(1)(h) of the [Constitution](/akn/ke/act/2010/constitution), which guarantees the right to bail unless there are compelling reasons to deny it. Section 123A of the [Criminal Procedure Code](/akn/ke/act/1930/11) and [Bail and Bond Policy Guidelines](http://kenyalaw.org/kl/fileadmin/pdfdownloads/Sentencing_Policy_Guidelines_Booklet.pdf) further provide that courts must consider factors such as seriousness of the offence, strength of evidence, likelihood of attending trial, flight risk, and personal circumstances of the accused. 6.While the accused is presumed innocent until proven guilty and is entitled to reasonable bail terms, the court must balance this against the interest of justice and likelihood of absconding. In this case, the offence is serious, and the accused lacks a stable residence, family support and the probation Officer expresses his doubts as to whether the accused will attend trial if released. Considering all these, the accused poses a moderate flight risk. Determination 7.Considering the above principles and factors, the application for review of bail terms is declined. The accused shall remain subject to the earlier orders of this court, that is: -a.Cash Bail of Kes 100,000; orb.Bond of Kes 300,000 with one surety of a similar amount. **DATED, SIGNED AND DELIVERED THIS 15th. DAY OF May 2025****ALOYCE-PETER-NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter: JanetProsecution counsel: MachariaAccused: PresentVictim: Absent *[PW]: Prosecution Witness