Constable Baraza seeks release on bail, arguing his wife is threatening to leave him
Police Constable Klinzy Masinde Baraza, attached to Kayole Police Station and accused of murdering a mask hawker, Boniface Mwangi Kariuki, is seeking to be released on bail pending his trial.
Klinzy was charged with murder contrary to section 203 as read with section 204 of the Penal Code, an offence he pleaded not guilty to before Justice Kanyi Kimondo on July 28, 2025.
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Through a certificate of urgency filed at the Milimani High Court, Klinzy states that his offence is bailable and he is entitled to be released on a reasonable bail or bond pending the hearing and determination of the case.
According to the application, the accused was the only breadwinner of his young family, which consists of a wife, two children and an old mother who is sickly.
He reveals that since his arrest and detention, his family has been struggling to put food on the table since they solely depend on him, adding that his wife cannot do much since she is not in any formal employment.
Further, the application states that his two children who are school-going, have been in and out of school due to a lack of finances, and their mother cannot provide for their education single-handedly.
“For the period I have been in custody, my family has been living from hand to mouth, which is threatening the disintegration of my family, which will negatively impact most on the children and the sick and the old mother,” part of the application read.
Fear of family loss
Through a sworn affidavit, Constable Klinzy states that due to the constraints his wife is going through as a result of his detention, she has threatened to leave him, which will lead to him losing his young family.
“That raising two children and attending to other needs such as rent and food on her own without any form of employment has put a toll order on my wife; she has threatened to leave, which will disintegrate the family and risk my children becoming delinquents,” part of the affidavit read.
He also argues that his sickly and old mother, who requires urgent and timely attention, has and continues to suffer as a result of his detention, noting that he has been her main source of help.
Klinzy’s lawyers, led by Vincent Yegon, state that their client is constitutionally entitled under Article 49 (1) (h) of the Constitution of Kenya to be released on bond or bail on reasonable conditions, pending his trial.
The defence also states that there are no compelling reasons why the accused should be denied bail as required by the Constitution.
Further, they argue that, granted the bail, their client will cooperate and will not abscond and will attend all the proceedings whenever and wherever required.
Additionally, they state that the accused has fixed abodes in Kayole within Nairobi County and at Bungoma, and therefore he is not a flight risk.
“That unless bail is granted, the accused person’s children’s lives and that of his mother will be utterly destroyed, and justice will not be seen to have been done if the lives of the two young children and his entire dependent family are destroyed.”
