Peter Charles Syanda & Victor Ndali Charles v Republic [2018] KEHC 3808 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 18 OF 2015

PETER CHARLES SYANDA........................1ST ACCUSED/APPLICANT

VICTOR NDALI CHARLES........................2ND ACCUSED/APPLICANT

VERSUS

REPUBLIC.............................................................................RESPONDENT

R U L I N G

1. Peter Charles Syanda(1st Applicant) and Victor Ndali Charles(2nd Applicant) are charged with the offence of Murdercontrary to Section 203as read with Section 204of the Penal Code (Cap 63) Laws of Kenya.They seek to be released on bail pending trial.

2. In their respective applications dated 27thday of September, 2018,they have stated that ends of justice would require their release on bail.  That following their arraignment in Court they have not been furnished with the postmortem report, a fact that waters down the strength of the case.  That there is no evidence of character, antecedents, associations and/or community ties in relation to the Applicants that can be prejudicial to their admission to bail.

3. In response, the State through learned State Counsel, Mr. Mambadid not oppose the Applicants’ release on bail.

4. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h)of the Constitutionthat provides thus:

“(1) An arrested person has the right—

(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.”

5. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accuseds/Applicants should be incarcerated, each Accused/Applicant is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=)with a surety of similar sum.

6. It is so ordered.

Dated, Signed and Deliveredat Kitui this 27thday of September,2018.

L. N. MUTENDE

JUDGE