David Munyui Charagu & Samuel Munga Ng’ang’a v Republic [2015] KEHC 5364 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CRIMINAL CASE NO. 9 OF 2014

DAVID MUNYUI CHARAGU

SAMUEL MUNGA NG’ANG’A…………………ACCUSED/APPLICANTS

VERSUS

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

RULING

1. The Applicants DavidMunyui Charaguand Samuel Munga are charged with the offence of murdercontrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence being that on the night of 25th and 26th January, 2014 at unknown time, at Nkama Village Kuku Location in Loitoktok District within Kajiado County, they jointly murdered Catherine Kanini Muiwa.

2. In an application dated 20th May, 2014 they seek to be released on bail pending trial.

3. They have deponed a joint affidavit whereby they state that if released on bail they will abide by all terms and conditions to be imposed by court.

4. In response thereto the State through No. 46385 Sergeant Munga Mbwanaopposed their release on bail.  The main contention is that the accused persons reside and carry out business within Loitokitok Location in Kajiado South District of KajiadoCounty where witnesses reside; their release will therefore be a threat to the prosecution’s case.

5. The paramount consideration for one to be denied bail is if he is a flight risk.  Another consideration would be whether he may interfere with witnesses. Residing in the same district with witnesses is not cogent evidence that such interference will occur.

6. In the premises, I do allow the application.  Each accused may be released on bond of Kshs. 10 million with two (2)sureties in an even sum.

7. It is so ordered.

DATED, SIGNED and DELIVERED at MACHAKOSthis ­­­­­­­­­­­­­­­­­­­­­­­­21STday of APRIL, 2015.

L.N. MUTENDE

JUDGE