Republic v Edwin Chomba Murage [2020] KEHC 8043 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 17 OF 2019

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

VERSUS

EDWIN CHOMBA MURAGE...................................................ACCUSED

RULING

1. The accused prays for bail pending trial. The Director of Public Prosecutions does not oppose the application.

2. The overarching objective of bail is to ensure the accused attends trial.  See Muraguri v Republic [1989] KLR 181, Republic v Elias Kipkemoi, Eldoret High Court Criminal Case 42 of 2014 (unreported). Under Article 49 (1) (h) of the Constitution, an accused person is entitled to bail unless there are compelling circumstances.

3. Other relevant matters to be considered by the court include: the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.

4. The Victims Protection Act 2014 requires the views of victim’s family to be taken into account at this stage. The family of the deceased is still grieving the loss of their loved one. The mother of the deceased is angst at the homicide and opposes the release of the accused.

5. The accused faces the grave charge of murder. The Director of Public Prosecutions informs the High Court that on 28th July 2019 at Kiarutara Sub-Location, Gatanga Sub-County of Murang’a County he murdered Samuel Weka Juma.

6. The pre-bail report dated 30th October 2019 is largely favourable save for the views of the mother of the deceased above. Like I stated, the Republic does not contest the application for bail.

7. I am alive that the charge of murder is a serious felony that may attract the death penalty. But at this juncture, the accused is still presumed innocent. Taking all factors into consideration, I find no compelling reason to deny him bail.

8. The accused may be released upon execution of a cognizance in the sum of Kshs 300,000 together with one surety of a similar amount. There will be two conditions: Firstly, he shall not interfere with witnesses; and, secondly, he shall attend all mentions or hearings of the case. In default, his bond shall be cancelled and the surety called to account.

It is so ordered.

DATED, SIGNEDandDELIVEREDatMURANG’Athis 25th day of February 2020.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

The accused person.

Ms. Gichuru for the Republic.

Ms. Dorcas, Court Assistant.