Five accused persons were on 7th April 2026 charged with conspiracy and preparation to commit a felony appeared before the Milimani Law Courts, where they were granted bail despite initial objections raised by the prosecution regarding one of the accused.
The accused Charles Kiio Matata, David Ng’aa Mwangangi, Alex Mumo Kisilu, Richard Mwania Muasya, and Stella Nzuki Mweni are facing charges of conspiracy to commit a felony contrary to Section 393 of the Penal Code, as well as preparation to commit a felony under Section 308(1).
The charges stem from an incident that allegedly occurred between March 18 and March 25, 2026, at Acacia Paradise Estate in Kitengela, where they are said to have planned a house-breaking operation.
During the proceedings, defence counsel Odhiambo urged the court to admit the accused to reasonable cash bail, arguing that they would comply with court attendance requirements.
However the prosecution did not oppose bail for the four accused persons but raised concerns over the first accused, Charles Kiio Matata. It informed the court that Matata, who is a serving officer in the Kenya Defence Forces, is currently facing active disciplinary proceedings.
They requested that he be denied bond and instead be released to the Department of Defence headquarters to facilitate his participation in those proceedings.
Additionally, the prosecution argued that certain items recovered during the investigation including vehicles and mobile phones should be retained as exhibits, noting that they were still essential to ongoing investigations.
In a rejoinder, the defence maintained that investigations had already been concluded and that the items in question should be returned to their rightful owners. Counsel suggested that the prosecution could rely on photographs of the exhibits for evidentiary purposes.
On the issue of the first accused, the defence argued that since he was not currently before a military tribunal, he should be treated equally with the co-accused and not be denied bond.
They further stated that he was willing to present himself to the relevant military authorities as required. In her ruling, the presiding magistrate granted all five accused persons bond terms of KSh 1 million or an alternative cash bail of KSh 500,000 each.
The case is scheduled for mention on April 21, 2026, with the hearing set for April 29, 2026.
