Republic v Gerald Gitau Kihara [2016] KEHC 1186 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 24 OF 2015

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

VERSUS

GERALD GITAU KIHARA……….…….…………………....…..ACCUSED

R U L I N G

1.  The Accused in this case, Gerald Gitau Kihara, is charged with murder contrary to section 203 as read as read with section 204 of the Penal Code.  It is alleged in the information dated 18/06/2015 that on 30/05/2015 at Ngoini Village in Kanyenyaini Location within Kangema Sub-County of Murang’a County, he murdered one Benson Karugu Maina.  On 02/07/2015 he pleaded not guilty to the charge.  His trial is scheduled to commence on 08/11/2016.

2. The Accused has in the meantime applied to be admitted to bail pending his trial.  The Republic does not oppose the application.

3. Bail pending trial is now a constitutional right that will be denied only for compelling reason.  Any condition for such bail that the court might impose must be reasonable.  See Article 49(1) (h) of the Constitution of Kenya, 2010.

4. I have read the witness statements and other documents supplied by the prosecution to the Accused and to the court.  I find nothing compelling to deny the Accused bail.

5. In the event I will allow the application.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 and one surety in like sum.  It is so ordered.

DATED, SIGNED AT MURANG’A THIS 16TH DAY OF JUNE 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 17th DAY OF JUNE 2016