Republic v Dennis Muriungi Kinyua [2016] KEHC 3241 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 17 0F 2016

REPUBLIC …………………… PROSECUTOR

VERSUS

DENNIS MURIUNGI KINYUA .........ACCUSED

RULING

Dennis Muriungi Kinyua is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.  By Notice of Motion dated 30/5/2016, he seeks to be released on bond.  The grounds upon which he brings the application are that it is his Constitutional right to be released on bond since he is innocent till proved guilty; that he is not a flight risk; that he will attend court as will be required of him; that there are no compelling reasons to deny him bond.

The prosecution did not oppose this application.  The court called for a pre-bail report which is favourable to the accused’s release on bond; the deceased’s family does not also object to the application because they wish to have accused look after the child that deceased left behind.

I therefore find that there are no compelling reasons upon which accused should be denied bond. I allow the application. Accused may be released on bond of KShs.200,000/= plus one surety of like sum or cash bail of Kshs.60,000/=.

DATED, SIGNED AND DELIVERED THIS 26TH DAY OF JULY, 2016.

R.P.V.WENDOH

JUDGE

26/7/2016

PRESENT

Mr. Mulochi for State

Mr. Muthomi for Accused

Ibrahim, Court Assistant

Present, Accused