Republic v Anastacia Ndunge Gitau [2015] KEHC 3539 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 37 OF 2014

REPUBLIC…………………………………….…………………PROSECUTOR

VERSUS

ANASTACIA NDUNGE GITAU.……………………………....………ACCUSED

R U L I N G

1.     The Accused Anastasia Ndunge Gitau is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 30/12/2014 that on 31/07/2014 at about 4. 00 p.m. at Karuhiu Village within Murang’a County she murdered one Nancy Njeri Kuria.  On 10/03/2015 she pleaded not guilty to the charge.  Her trial is scheduled to commence on 24/11/2015.  She has in the meantime applied by notice of motion dated 23/04/2015 to be admitted to bail pending her trial.  The Republic does not oppose the application.

2.     Bail pending trial is now a constitutional right that will be denied only for compelling reason; and conditions for such bail must be reasonable.  See Article 49(1) (h) of the Constitution of Kenya, 2010.  I have perused the witness statements supplied to the Accused and the court by the prosecution.   I find no compelling reason to deny the Accused bail.

3.     I will in the event allow the application.  The Accused shall be admitted to bail upon her own cognizance in the sum of KShs 100,000/00 plus one surety of like sum.  It is so ordered.

DATED, SIGNED AT MURANG’A THIS 23RD DAY OF 2015

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 24TH DAY OF JULY 2015