John Muindi Kamau alias Rasta & Titus Kamau Muindi v Republic [2018] KEHC 3817 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

CRIMINAL CASE NO. 18 OF 2017

JOHN MUINDI KAMAU aliasRASTA...1ST ACCUSED/APPLICANT

TITUS KAMAU MUINDI.........................2ND ACCUSED/APPLICANT

VERSUS

REPUBLIC..........................................................................RESPONDENT

R U L I N G

1. John Muindi Kamau aliasRastaand Titus Kamau Muindiare charged with the offence of Murder.They seek to be released on bail pending trial on reasonable terms.

2. The application is premised on grounds that they denied the information read to them, they are Kenyan Citizens hence entitled to bail.

3. In affidavits in support of the application they demonstrated that detaining them was in violation of their constitutional rights and stated further that they have no intention of relocating to another country.

4. In response the Prosecution Counsel called upon the Court to

be minded of the seriousness of the offence and hence impose stringent terms.

5. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:

“(1) An arrested person has the right—

(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”

6. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accuseds/Applicants should be incarcerated, each Accused/Applicant is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.

7. It is so ordered.

Dated, Signed and Deliveredat Kitui this 26thday of September,2018.

L. N. MUTENDE

JUDGE