Republic v Boniface Ndung’u Karaya [2016] KEHC 4711 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 3 OF 2016

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

VERSUS

BONIFACE NDUNG’U KARAYA…..….…..………ACCUSED

R U L I N G

1.     The Accused in this case, Boniface Ndung’u Karaya, is charged with murdercontrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 25/01/2016 that on 22/01/2016 at Karunge Sub-location in Mathioya Sub-County of Murang’a County, he murdered one Stephen Kiiru Mwangi.His plea was taken on 10/02/2016.  He pleaded not guilty.  His trial is scheduled to commence on 16/08/2016.  He has in the meantime applied by notice of motion dated 10/02/2016 to be admitted to bail.  The Republic does not oppose the application.

2.     Bail pending trial is now a constitutional right for all criminal offences.  It will be denied only for compelling reason.  Any condition the court may impose for such bail must be reasonable.  See Article 49(1)(h) of the Constitution of Kenya, 2010.

3.     I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and have noted the circumstances of commission of the alleged offence.  I find no compelling reason to deny the Accused bail.

4.     In the event I will allow the notice of motion dated 10/02/2016.  The Accused will be admitted to bail upon his own cognizance in the sum of KShs 50,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A ON THIS 9TH DAY OF JUNE 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 10TH DAY OF JUNE 2016