Republic v Benjamin Kithinji ,Bernard Mutura & Cosmas Kirimi [2017] KEHC 2027 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 63 OF 2015

REPUBLIC …………….…………. PROSECUTOR

VERSUS

BENJAMIN KITHINJI ……….……. 1ST ACCUSED

BERNARD MUTURA ………….… 2ND ACCUSED

COSMAS KIRIMI …………...….. 3RD ACCUSED

RULING

The 1st and 2nd Accused have applied to be released on bond.  Their applications had been denied earlier on the grounds of hostility by the Community.  On 19th May, 2016, their co-accused Cosmas Kirimi, the 3rd accused was released on bond.

I have considered the two pre-bail reports filed on the 6th November, 2017.  They are both positive on the two accuseds.  That being the case and bond being a Constitutional right to which the accused are entitled, I see no compelling reasons or exceptional circumstances to warrant a denial of that right.

Accordingly, the 1st and 2nd accused are admitted to bond.  They may be released on bond of Kshs.300,000/= each and sureties of a similar amount or cash bail of KShs.100,000/= each.  Mention 19/2/2018.

DATED AND DELIVERED at Meru this 14th day of November, 2017.

A. MABEYA

JUDGE

14/11/2017