Republic v Benjamin Matheka Musela & Snow Mbula Eliud [2015] KEHC 5707 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

CRIMINAL CASE NO. 22 OF 2015

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

VERSUS

1. BENJAMIN MATHEKA MUSELA

2. SNOW MBULA ELIUD...........................ACCUSED

RULING

1. The Application dated the 19th March, 2015 is brought pursuant to the provisions of Articles 49(1) (h)and50 (2) (a) of the Constitution of Kenyawhereby the applicant seeks bail pending trial.

2. It is premised on grounds that:-

i. The Applicants herein have been in remand for a long period of time hence infringing on their constitutional rights to bail;

ii. Article 49(1) (h) of the Constitution stems from the provisions of Article 50 (2) (a) which provides that an accused person has the right to be presumed innocent until proven guilty;

iii. The Applicants are Kenyan citizens with strong ties to the community and there exists no flight risk;

iv. The applicants are parents with young families.

v. The applicants are Civil Servants and respected members of the society who should be given a chance to continue contributing towards national building pending the trial of this case.

3. When the matter came up for hearing the learned State Counsel Mrs Abuga notified the court that the State was not objecting to the application.

4. The applicants are charged with three counts of murdercontrary to Section 203 as read with Section 204 of the Pena Code (Cap 63) Laws of Kenya.

5. Bail is a constitutional right unless there are compelling reasons requiring incarceration of the accused persons.  There being absolutely no reason to deter the applicants from being released on bail, I hereby grant each applicant bond of Kshs. Three (3) million with a surety of a similar sum.

6. It is so ordered.

DATED, SIGNED and DELIVERED at MACHAKOSthis ­­­­­­­­­­­­­­­­­­­­­­­­­24THday of MARCH, 2015.

L.N. MUTENDE

JUDGE