No bail for 12 relatives linked to Machakos woman's murder

Twelve family members arrested in connection to the murder of a 55-year-old woman in Machakos County will remain in police custody as the High Court has declined their bail request.

The relatives are accused of killing the woman on August 1 at Kathuma Village, Mumbuni Location in Machakos following a land dispute. 

It is said they attacked and locked her inside her house and then set it on fire.

The woman's husband and son sustained serious injuries during the attack, which police said was aimed at eliminating the family. 

Village tense

At the High Court in Machakos on Friday, the 12 accused persons denied the murder charge and sought to be released on reasonable terms.

In the bail application, the relatives noted that they have permanent places to live and denied that they are unwanted in their villages.

But justice David Kemei rejected the application and directed its renewal after vulnerable State witnesses testify.

Justice Kemei said pre-bail reports produced in court by the Machakos County Probation officer indicate high tension in the village following the arson.

The judge also noted the risk of interference with witnesses, some of whom are minors and close relatives of the deceased and the accused persons.

The report indicated that the community is unhappy and that the general feeling is that the accused intended to kill the family, so the mission may be completed if they are freed on bail.

Further, it was reported that the survivors said they are traumatised and feel unsafe.

"The right to be released on bond is not absolute as the prosecution has an opportunity to challenge the release by presenting compelling reasons. I find that the prosecution has presented compelling reasons to justify denial of bond at this stage of the proceedings," said Justice Kemei. 

He ruled that it is prudent to receive the evidence of the vulnerable witnesses before a ruling on the bail application is made due to the simmering tension on the ground. 

Risk of absconding

Case investigating officer Chief Inspector Charles Wanjohi told the court that the witnesses have gone into hiding as they fear for their lives.

Mr Wanjohi added, "The anger and emotions in the village are still high, thus the safety of the accused if released is not guaranteed. The seriousness of the offence and the severity of the sentence are incentives for the accused to abscond if released on bond."

Further, the prosecution submitted that the witnesses are in danger as it is alleged that the murdered woman practised witchcraft. 

They accused also submitted that some accused persons contracted Covid- 19 due to contact with infected persons in detention, warranting an order for their release on bail.

The defence further noted that some of the witnesses were placed in the protection programme so they are not in danger. 

Justice Kemei said, however, that no evidence was presented to show the witnesses are in the protection programme.