Francis Njoroge Muguro v Republic [2016] KEHC 2717 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 18 OF 2013

FRANCIS NJOROGE MUGURO…………………….….ACCUSED

VERSUS

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

R U L I N G

1.     The Accused in this case, Francis Njoroge Muguro, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 04/11/2013 that on 25/10/2013 at Gachocho Shopping Centre in Kigumo District within Murang’a County he murdered one Elizabeth Wanjiku Irungu.  He pleaded not guilty on 28/01/2014.  His case is scheduled to go to trial on 07/12/2016.  He has in the meantime sought to be admitted to bail by notice of motion dated 08/10/2015.  The Republic does not oppose the application.

2.     Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition for such bail must be reasonable.  SeeArticle 49(1) (h)of theConstitution of Kenya, 2010.

3. I have read the witness statements and other documents provided to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed.  I find no compelling reason to deny the Accused his constitutional right to bail.

4.     I will therefore allow the notice of motion dated 08/10/2015.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 700,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF SEPTEMBER 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 30TH DAY OF SEPTEMBER 2016