Republic v Ephantus Karanja Wangari [2015] KEHC 3807 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA T MURANG’A

CRIMINAL CASE NO 16 OF 2015

REPUBLIC……………………………………PROSECUTOR

VERSUS

EPHANTUS KARANJA WANGARI ….…………ACCUSED

R U L I N G

1. The Accused Ephantus Karanja Wangari is charged with murdercontrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 08/04/2015 that on 2nd February 2015 at Gitambaa village in Ruiru within Kiambu County he murdered one Peter Karanja.  On 30/04/2015 he pleaded not guilty to the charge.  His trial is scheduled to start on 09/11/2015.  He has in the meantime applied to be admitted to bail pending the trial.

2.     The Republic has opposed his release on bail by a replying affidavit filed on 23/06/2015 sworn by one No 71620 CPC Anlet Kaloki.   The only reasons advanced for opposing bail are that the Accused is likely to abscond his trial due to the gravity of the offence he faces, and that there is a possibility of interference with witnesses.

3.     As for gravity of the offence, bail is now a constitutional right for all criminal offences and will be denied only for compelling reason.  Conditions for such bail must be reasonable.  For all these see Article 49(1) (h) of the Constitution of Kenya, 2010.

4.     Regarding the possibility of interference with witnesses, no shred of evidence of that likelihood has been placed before the court; speculation is not evidence.

5.     I find no compelling reason to deny the Accused bail.  He shall be admitted to bail upon his own cognizance in the sum of KShs 100,000/00 and one surety in like sum.  It is so ordered.

DATED, SIGNED AT MURANG’A THIS 16TH DAY OF JULY 2015

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 17TH DAY OF JULY 2015