Joyce Karema v Republic [2015] KEHC 2432 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 37 OF 2014

JOYCE KAREMA………………………………………..APPLICANT

VS

REPUBLIC……………………………………………..RESPONDENT

RULING

The applicant (1st Accused) seeks to be released on bond/bail pending the hearing of her case.  This is the second application the first one having been rejected by J. Lesiit.  The main reason for denial of bond was that there was still animosity from the community and the accused’s security could not be guaranteed.  I have read the Investigation Officer’s affidavit, that of the deceased’s mother and the pre-bail report.  Though it is alleged that the deceased’s family is still bitter about their loss, there is no evidence that community is likely to endanger accused’s life.  The report also contains an enquiry from the Chief and Assistant Chief of the area who are more independent than the relatives of the deceased.  I am satisfied that there is no real threat to accused’s life from the society.  That having been the only compelling reason for denial of bond.  For that reason I will grant the application and grant Accused 1 bond of KShs.300,000/= plus one surety of like sum.  Accused is warned to abide by all the bond terms, in default, the same will be cancelled.

It is so ordered.

DATED AND SIGNED THIS 28TH DAY OF SEPTEMBER, 2015.

R.P.V. WENDOH

JUDGE

28/9/2015