Republic v Gladys Bwari Ichwara [2013] KEHC 5877 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO. 8 OF 2013

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

-VERSUS-

GLADYS BWARI ICHWARA ……………....………..………………………….…… ACCUSED

RULING

The accused who faces a murder charge contrary to section 203 as read with section 204 seeks to be released on bail pending trial.

The state does not oppose bail.  In the circumstances, Mr. Okenye for the accused urged the court to grant the accused bail pending trial.

The accused stated that she was a 28year old mother of 3 children aged 12, 9 and 3, and that she was a casual labourer but had a brother who would stand surety for her attendance to court.

In upholding the accused’s right to bail under Article 49 of the Constitution, and to allow her to provide for her young children, I grant the accused bail pending trial upon terms that:-

Accused may be released on bail upon terms that:-

The accused to execute a bond of kshs. 300,000/=

The accused to provide (1) surety for the similar amount of kshs. 300,000/=

The Accused shall not to leave the jurisdiction of the court without permission of the court.

Accused to attend to the Deputy Registrar of the court ever 30 days pending the hearing and determination of the trial.

Dated and delivered this 29th day of MAY 2013.

..…………………………………………………

EDWARD M. MURIITHI

JUDGE

In the presence of: -

…………………………………………….. for the Applicant

……………………………………………. for the Respondent

Mr. Edwin Mongare Court Clerk

…………………………………………………

EDWARD M. MURIITHI

JUDGE