A former soldier accused of killing his family has been denied bond for the fourth time by the Nyeri High Court.
In a ruling delivered by Justice Martin Muya, the court declined to grant bond to Mr Peter Mugure, a former major in the Kenya Defence Forces, pending determination of the suit, noting that the situation has barely changed for the accused, based on previous court decisions.
In the decision, Justice Muya noted that his predecessor- Justice Jairus Ngaah, first denied the accused bond after establishing that he tried to interfere with a witness, Collins Pamba, who was being held at the Kerugoya Prison.
Mr Mugure had sent his sister to persuade Pamba to recant his confession to the police detailing how he helped Mugure transport and dispose of the bodies of his estranged wife Joyce Syombua and two children — Prince Michael and Shanice Maua — after killing them at the Laikipia Airbase in November 2019.
Based on that allegation, Justice Muya said, the court could not release the accused on bond to eliminate any grounds of interference with witnesses.
"So far only nine witnesses have testified before the court, and there are still many more, notably about four of them are said to be the accused’s former junior officers and are yet to testify,” said the Judge.
In the ruling, Justice Muya also ordered the police to release Mr Mugure’s confiscated personal documents which are irrelevant to the case.
He allowed Mr Mugure to have his motor vehicle — a Subaru Impreza — back, while also ordering the police to take photographs of the car in case the prosecution needed them as exhibits by the remaining witnesses.
The accused first applied for bond on December 16, 2019, but Justice Ngaah, in a ruling on February 21, 2020, declined the request after the attempt to interfere with a witness.
Dissatisfied with the court’s decision, Mugure made another application seeking a review of the ruling before Justice Ngaah’s successor, Justice Florence Muchemi, on December 15, 2020.
In her decision on June 10, 2021, Justice Muchemi declined the request on the basis that the accused made the application personally yet according to the law, he was not allowed to represent himself in a murder case.
In another application presented to the court on December 6, 2021, seeking bond, Justice Njagi Marete on May 6, 2022, declined to grant Mugure the request.
Hearing of the suit resumes on March 14, 15 and 16.
