John Muthui Mutambu v Republic [2019] KEHC 6522 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 18 OF 2018

JOHN MUTHUI MUTAMBU.............ACCUSED/APPLICANT

VERSUS

REPUBLIC...............................PROSECUTOR/RESPONDENT

R U L I N G

1. John Muthui Mutambu,the Accused/Applicant, is charged with the offence of Murder.He seeks to be released on bail pending trial.

2. The Application is premised on grounds that: he is a responsible family man with a fixed abode which he will not leave until the case is heard and determined; he is ready to be reporting to the Investigation Officer if need be and there are no threats to his life.

3. In response, the Respondent/State is not opposed to the Application, the basis being that there are no compelling reasons requiring him being denied bond.

4. Bail is a constitutional right.  An individual can only be incarcerated during pendency of trial if there are compelling reasons that are non-existent in the present case. Therefore, I grant the Applicant/Accused bond of Kshs. 500,000/=and a surety of a similar sum.

5. It is so ordered.

Dated, Signed and Delivered at Kitui this 8th day of  May, 2019.

L. N. MUTENDE

JUDGE