Nduta & another v Republic [2022] KEHC 17237 (KLR)

Nduta & another v Republic (Criminal Case E016 of 2022) [2022] KEHC 17237 (KLR) (10 November 2022) (Ruling)

Neutral citation: [2022] KEHC 17237 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case E016 of 2022

SN Mutuku, J

November 10, 2022

Between

Jackline Nduta

1st Applicant

Jesse Levi Luyali

2nd Applicant

and

Republic

Respondent

Ruling

1. The two applicants are charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on 2nd day of August, 2022, at around 0002hrs at Grand Mirage Lounge, Ngong Town in Kajiado North Sub-county within Kajiado County, jointly with others not before the court murdered Moses Oyugi Onyango.

2. They have pleaded not guilty to the charges.

3. They have approached this court through oral applications by their respective legal counsel seeking to be admitted to bail/bond pending the hearing and determination of this matter. The application was not opposed by the State, through the Office of the Director of Public Prosecutions.

4. This court called for pre-bail reports from the Probation Office. Both reports have been filed. I have read the contents of the two reports and both seem favourable to each accused person.

5. Bail is a constitutional right that can be denied if compelling reasons are advanced. There are no compelling reasons advanced in this case given that this application is not opposed.

6. The paramount consideration in respect to bail/bond is to secure the attendance to court of an accused person when he/she is required to do so until the case is fully heard and determined. Being admitted to bail/bond is a right that, though not absolute, ought to be respected by an accused person. It is only after an accused person makes himself/herself available in court during the pendency of the trial that the court is able to hear the matter fully and determine it thereby affording justice for all the parties in the case.

7. In consideration of this matter, I find that I have no reason to deny both accused persons bail/bond. I therefore admit Jackline Nduta, 1st accused, and Jesse Levi Luyali, 2nd accused, to bail pending the hearing and determination of this matter in the following terms:i.Each accused person shall execute a bond of Kshs 500,000 with one surety of similar amount.ii.In the alternative, each accused person is at liberty to deposit in court Kshs 200,000 as case bail.iii.The accused persons are cautioned that their attendance in court is required at all times until this matter is fully heard and determined.

8. Orders shall issue accordingly.

Dated, signed and delivered this 10thday of November, 2022. S. N. MUTUKUJUDGE1| Ruling on bail in Kajiado Criminal Case No. E016 of 2022