Muthui v Republic (ODPP) [2024] KEHC 9382 (KLR)

Muthui v Republic (ODPP) (Criminal Revision E239 of 2024) [2024] KEHC 9382 (KLR) (25 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9382 (KLR)

Republic of Kenya

In the High Court at Kitui

Criminal Revision E239 of 2024

RK Limo, J

July 25, 2024

Between

Mueni Muthui

Applicant

and

Republic (Odpp)

Respondent

Ruling

1. This court has considered the application dated 23rd July 2024 and the reasons adduced. The application for revision is not opposed. The Applicant has a right to bail as stipulated under Article 49 rules compelling reasons are advanced. She also has a right to be presumed innocent.

2. The reasons given by Investigating Officer as compelling have not been supported by the ODPP in this application. In the premises, the order denying the Applicant bond on 19th July 2024 by the trial court is reversed. The Applicant can be released under bond of Kshs. 100,000/= with a surety.

3. She is directed to stay away from the complainant and prosecution witnesses and appear at the trial court promptly whenever required to do so.

DATED, SIGNED AND DELIVERED AT KITUI THIS 25TH DAY OF JULY, 2024HON. JUSTICE R. K. LIMOJUDGE