Benard Mbuvi v Republic [2014] KEHC 1646 (KLR)

No. 413/2014

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE NO.  51 OF 2014

BENARD MBUVI………………………………APPLICANT/ACCUSED

VERSUS

REPUBLIC ……………………….……………………..PROSECUTOR

RULING

1. By way of Notice of Motion dated 16th September, 2014 brought pursuant to the provisions of Article 49(1) (h) of the Constitution, the Applicant/ Accused herein seeks to be released on bail pending trial.

2. The application is based on grounds that he has a permanent place of fixed abode and  hence not a flight risk; he will abide  with terms to be set by the court and there are no compelling reasons to deter him from being admitted to bail.

3. The application is supported by an affidavit deponed by the applicant who states that he is married with four (4) children.   He takes care of his aged parents.  He has no previous convictions and he has a permanent place of residence within Kitui County.

4. In a further affidavit he states that he is a Police Officer of a rank of Corporal. The Government is conducting Personnel Audit through Biometric Registration of its employees.  If he does not go through the process he stands to loose his job together with his terminal benefits.

5. The State did not object to the accused being released on bail.

6. Bail is a constitutional right unless there is a compelling reason requiring the accused being incarcerated.  There being absolutely no reason to deny the accused bail, I grant him bond of Kshs 1,000,000/= with a surety in similar  sum.

DATED, SIGNED and DELIVEREDat MACHAKOS this 24THday of OCTOBER, 2014.

L.N. MUTENDE

JUDGE