Republic v David Nzioka Kariuki [2017] KEHC 841 (KLR)

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 7 OF 2016

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

VERSUS

DAVID NZIOKA KARIUKI.......................ACCUSED

R U L I N G

1.  The Accused in this case, David Nzioka Kariuki, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 31/05/2016 that on 12/05/2016 at Kibuu Village in Kandara Sub-County within Muranga County he murdered one Paul Nzioki Kariuki.  On 20/06/2016 he pleaded not guilty to the charge.  His trial is scheduled to commence on 29/09/2017.  In the meantime he has applied by notice of motion dated 08/07/2016 to be admitted to bail.  The Republic has not opposed the application.

2. Bail pending trial is now a constitutional right that will be denied only for compelling reason.  Any conditions for such bail the court might impose, again by constitutional edict, 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 I have noted the circumstances in which the alleged offence was committed.  I find no compelling reason to deny the Accused bail.

4.  I will in the event allow the notice of motion dated 08/07/2016.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 23RD DAY OF MARCH 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 24TH  DAY OF MARCH 2017