Court dismisses pre-bail report in robbery with violence case

A magistrate's court in Nyamira has dismissed a pre-bail report filed in a robbery with violence case.

Senior Resident Magistrate Christabel Agutu has directed the Probation Department in Nyamira to record a fresh report in the case in which three suspects are accused of attacking the parents of Standard Group Editor Everlyne Kwamboka.

The court said the pre-bail report that was filed in January was signed by a different officer and did not capture the victim's views, contrary to the Witness Protection Act 2022.

It was the same probation report that was used to release one of the suspects who allegedly attacked Faustina Kiage on November 30, 2023, in Nyamaiya Township.

Job Morara, the second accused in the robbery with violence case was released in January before Mrs Kiage, through her lawyer Kethi Kilonzo filed an application, complaining about her non-involvement in drafting the probation report.

Two other suspects, Francis Ouru Oruko (first accused) and Kevin Mogy Thomas (third accused) were charged with jointly robbing Kiage of Sh22,000 cash, a phone valued at Sh13,000, and assorted drinks valued at Sh5,000.

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Kiage, in her application, argued that the administrative process ought to have accommodated her needs as a victim by allowing her voice and concerns to be presented and considered at appropriate stages of the proceedings including the bail and bond hearing stage. 

In her ruling, Agutu allowed the application by Kiage in its entirety saying: "I have looked at the application and I have also considered the replying affidavits by the accused persons and I allow it in its entirety apart from the costs."

The freshly ordered probation report will determine whether the accused person will be released on bond or not. The magistrate will rule on the probation report on June 27, 2024.