Man accused of attempting to kill nephew in row over property out on bail

Police did not prove supect would fail to attend court if released on bond. [iStockphoto]

A man accused of attempting to kill his nephew in an inheritance row has been released by a Nakuru court on a bond of Sh300,000 with an alternative cash bail of Sh100,000.

While releasing 55-year-old John Kirika, Chief Magistrate Bildad Ochieng noted that there were no compelling reasons for the police to continue detaining the suspect who had been locked up at Elementaita Police Station.

Mr Ochieng said the police did not prove Kirika would fail to attend court if released on bond. “There is no evidence presented in court to prove that the suspect is a flight risk,” ruled Mr Ochieng.

He also ruled that the prosecution and detectives failed to demonstrate how Kirika would interfere with witnesses in the case if released.

The magistrate said that the police could continue with investigations, even after Kirika’s release. “The right of the suspect to liberty should not be taken lightly,” he ruled.

Mr Ochieng, however, ordered Kirika to report to the police every Monday and Friday at 9am until detectives determine whether they will prefer charges against him.

On Monday, Corporal Laban Kipkulei had asked for orders to continue holding Kirika for another 14 days. He is been investigated for the attempted murder of Dennis Mbugua.

Mr Kipkulei said Kirika attacked Mbugua and hit him with a panga on the head several times on January 13, at Miti Mingi in Gilgil, Nakuru County. Kipkulei, the investigating officer, told the court that Mbugua is admitted to the hospital in critical condition. The officer said Kirika was arrested on the day of the attack after a report was made to the police.

“Preliminary investigations have linked the suspect (Kirika) to the offence of attempted murder. We require ample time to have him interrogated,” said Kipkulei.

The Standard
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