Republic v Douglas Waweru Mwangi & Samson Guchu Waithaka [2017] KEHC 7055 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

CRIMINAL MURDER NO. 16 OF 2016

REPUBLIC………………………..……PROSECUTOR

-VERSUS-

DOUGLAS WAWERU MWANGI…….. 1ST ACCUSED

SAMSON GUCHU WAITHAKA….…..2ND ACCUSED

RULING

1. The 2nd accused Samson Guchu Waithaka brought an application by way of Notice of Motion under Article 49 (1) (h) and Article 2 of the Constitutionseeking an order that he be released on bond with surety pending hearing and determination of this case.

2. He based the application on the grounds that he has a constitutional right to bail pending trial, is presumed innocent until proven guilty, has pleaded not guilty to the charge and will abide by any conditions that the court may set.

3. According to the 2nd accused, there are no compelling reasons to deny him bail.  He supported the application with an affidavit sworn on 24th November, 2016.

4. The state filed a replying affidavit sworn by Inspector Obadiah Musira contending that the accused person had threatened witnesses of dire consequences if they gave any information to the Police.

5. According to Inspector Musira the accused were likely to interfere with efforts to trace the relatives of the deceased.

6. At the time of hearing, the state informed the court that they did not oppose the application but agreed with defence that the 2nd accused should not interfere with witnesses.

7. I have considered the application.  I find that bail pending trial is a constitutional right under Article 49 (1) (h) of the Constitution.  The 2nd accused should enjoy the right unless there are compelling reasons.  Since the state does not oppose the application, the 2nd accused is entitled to bail.  I have considered the pre-bail report filed by the Probation Officer.  It recommends that the 2nd accused is suitable for release on bail pending trial.

8. I order that the 2nd accused shall be released on bail pending trial.  The 2nd accused is ordered not to interfere with any witness or any person intended to be a witness in the trial.  In the event that he does not comply with this condition, Police will be at liberty to arrest him and present him in court for cancellation of his bond.

9. The 2nd accused be released on a bond of Ksh.1,000,000/= plus one like surety to be approved by the Deputy Registrar.

Dated and delivered at Kerugoya this 21st day of February  2017.

L. W. GITARI

JUDGE

Read out in open court, in the presence of Mr. Sitati for State, court assistant Naomi Murage and 1st and 2nd accused.

L. W. GITARI

JUDGE

21. 2.2017