Republic v Esther Njeri [2015] KEHC 3739 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 7 OF 2014

REPUBLIC……….……………………...…..……..………....PROSECUTOR

VERSUS

ESTHER NJERI……………….…………………………………..ACCUSED

R U L I N G

1. The Accused Esther Njeriis charged with murder contrary to section 203as read withsection 204of the Penal Code.  It is alleged that on 20th day of January, 2014 at Iganjo village, within Murang’a County she murdered one Jackson Muiruri Njui.  She pleaded not guilty and is awaiting trial.  She has now sought to be admitted to bail pending trial.  The Republic does not oppose the application.

2. Bail is now a constitutional right for any criminal offence, and will be denied only for compelling reason.  Any conditions imposed for such bail must be reasonable.  See Article 49(1) (h)of the Constitution of Kenya, 2010.

3. I have perused the “committal” bundle of documents supplied by the Republic to the court and to the Accused.  I have noted the circumstances under which the alleged offence was allegedly committed. I can find no compelling reason for denying the Accused bail.

4. The Accused will be released on her own cognizance in the sum of KShs 50,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 9TH DAY OF JULY 2015

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 10TH DAY OF JULY 2015