Layman Wamwea v Republic [2021] KEHC 6477 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL CASE NO. E021 OF 2021
BETWEEN
LAYMAN WAMWEA....APPLICANTS/ACCUSED
VERSUS
REPUBLIC............RESPONDENT/PROSECUTOR
RULING
1. LAYMAN WAMWEApleaded not guilty to the charge of murder. His trial is yet to commence. He has applied for bail/bond pending his trial. His application was not opposed by prosecution.
2. The constitution under Article 49(1)(h) provides that bail/bond should be granted to an arrested person pending his trial, unless there are compelling reasons to deny bail/bond. I have considered the pre-bail report and I find no reason to deny the accused bail/bond.
3. The only consideration I will bear in mind is that the terms of bail/bond should ensure the accused does attend his trial: See the case REPUBLIC VS. ROBERT ZIPPOR NZILU (2018) eKLR:-
“I associate myself with the view expressed byMuriithi, JinKELLY KASES BUNJIKA VS. REPUBLIC(supra) that:
‘It is clear that the primary consideration for bail is whether the accused will attend his trial for the charges facing him, and it must, therefore, be a compelling reason if it is demonstrated that “the accused person is likely to fail to attend court proceedings”. The question in this matter becomes whether there is, on a balance of probabilities evidence that the accused is likely to abscond. The accused claims to have a good defence to the charge of escape from custody. The nature of such defence and evidence is not disclosed. The accused merely asserts his “constitutional right to be granted.’”
4. I therefore grant the following orders:-
a. LAYMAN WAMWEA is hereby released on his own bond Kshs.500,000/= and one surety of similar amounts.
b. The accused shall not interfere with the prosecution’s witnesses.
RULING DATED AND DELIVERED AT KIAMBU THIS 7TH DAY OF JUNE, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant: Ndege
Accused: Absent
For Accused: Kyalo
For DPP: Mr. Kasyoka
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE