Republic v Anthony Kimani Waweru, Jane Wanjiru Manyeki, Catherine Wangechi Karanja & James Mwangi Mungai [2019] KEHC 7293 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 1 OF 2019

REPUBLIC.........................................................................................PROSECUTOR

VERSUS

ANTHONY KIMANI WAWERU......................................................1ST ACCUSED

JANE WANJIRU MANYEKI...........................................................2ND ACCUSED

CATHERINE WANGECHI KARANJA.........................................3RD ACCUSED

JAMES MWANGI MUNGAI...........................................................4TH ACCUSED

RULING

1. The accused persons pray for bail pending trial. The Republic does not contest the matter.

2. There are four separate pre-bail reports on each of the applicants filed by Mr. P. Irungu, the Sub-County Probation Officer, Kandara. They are without exception favourable to the accused persons.

3. The accused are charged with the murderof Paul Mugo Nyoro. However, they are deemed innocent. Article 49 (1) (h) of the Constitution, they are entitled to bail unless there be compelling reasons.

4. The overarching objective of bail is to ensure the accused attend their trial.  Muraguri v Republic [1989] KLR 181. Relevant matters to be considered include the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.

5. The Victims Protection Act 2014 requires the views of victim’s family to be taken into account at this stage. They expressed their apprehensions about the release of the suspects on bail. There is understandable bitterness and angst for loss of their relative.

6. There being no compelling reasons for denial of bail, I will admit the accused to bail. However, the circumstances of the alleged offence demand stringent conditions to ensure that they do not interfere with witnesses; that they do not lose sight of the gravity of the charge; and, more importantly, that they attend their trial.

7. Each of the accused shall be released upon execution of a bond in the sum of Kshs 1,000,000 together with one surety of a similar amount. The sureties shall be examined and approved by the Deputy Registrar of this Court.

8. There are two further conditions. First, the accused shall not have any direct or indirect contact with the seven witnesses named in the information charging them with murder. Secondly, the accused shall attend all mentions or hearings of their case.

9. In default of any of the two conditions above, their bonds shall stand cancelled; and, the sureties shall be called to account.

It is so ordered.

DATED, SIGNEDandDELIVEREDatELDORETthis 28th day of May 2019.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

All the accused.

Mr. Mwaniki Warima holding brief for Mr. Mbiyu for the accused.

Ms. R. Gichuru for the Republic.

Ms Dorcas and Ms Elizabeth, Court Clerks.