Republic v David Mugambi Pius [2015] KEHC 4413 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASENO.109 OF 2013

LESIIT,J

REPUBLIC………….…..……..PROSECUTOR

VERSUS

DAVID MUGAMBI PIUS.....................ACCUSED

RULING

The accused person faces a charge of murder contrary to Section 203 of the Penal Code.  He seeks bail pending his trial in the Notice of Motion application dated 16th April 2015.  The application is premised on four grounds namely:

That the Applicant was charged with the offence of murder an offence he denied during the plea taken on 26th December 2013.

That the offence of murder is bailable under Article 49(1) (h) of the Constitution of Kenya 2010.

That the accused has a right to be regarded as innocent until proven guilty.

That it is in the interests of justice that this application be allowed.

The application is supported by an affidavit sworn by the accused.  The gist of the affidavit is that the accused has a fixed abode in Naathu sub-location Meru County and is therefore not a flight risk.

The State has not opposed the application.

I have considered the application by the accvused. There is no objection to his application. On my part I am satisfied that the accused has disclosed where he intends to live after the court grants him bail. On the face of it, the accused is not a flight risk and he has demonstrated that he has a place of abode.  I am satisfied that there are no compelling reason to deny the accused bail can be deciphered in this case.

The application is therefore granted on the following terms and conditions.

The accused may be released on a cash bail of KShs.250, 000/=.

In the alternative the accused may be released on bond of KShs.1 million with two sureties of KShs.500,000/= each.

The accused should not interfere with the witnesses in this case in anyway as this will result in the bond being cancelled.

Dated at Nairobi this 28th day of May,2015.

LESIIT, J

JUDGE