Republic v Gladys Wambui Mwangi, Rahab Mukenyi Aromba, Alex Muhanji Okwemba, James Mwaura Ngigi & Nicholas Chegenye Mudegu [2018] KEHC 1018 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NUMBER 1 OF 2018

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

VERSUS

GLADYS WAMBUI MWANGI..............................................1ST ACCUSED

RAHAB MUKENYI AROMBA ............................................2ND ACCUSED

ALEX MUHANJI OKWEMBA ............................................3RD ACCUSED

JAMES MWAURA NGIGI.....................................................4TH ACCUSED

NICHOLAS CHEGENYE MUDEGU...................................5TH ACCUSED

RULING

1. The condition precedent imposed by court vide its ruling dated 8/2/2018 requiring that the 1st accused remains in custody until three (3) prosecution witnesses, namely, Arthur Macharia Mwangi, Diana Rose Wandiku Mumbi and Jane Nyambura Mungai testified has been met as the three witnesses having since testified before court.

2. In the premises and upon renewal of the bail application for the 1st accused, I find no compelling reason militating against the 1st accused’s constitutional right to bail.

3.  I note the DPP in his submissions expressed two reservations.

1. That the 1st accused should not get into contact with deceased person’s family members.

2. The 1st accused should not interfere with business premises of the deceased.

4.  Naturally, I would be inclined to restrict 1st accused’s contact with the family of the deceased in so far as that contact is at their homes.

5.  As regards interference with business, that is a matter better left to this court’s other jurisdiction in civil and commercial matters.

6.  I admit the accused person to bail.  She is to execute a personal bond of Kshs. 500,000/= plus one surety of like sum.  The 1st accused shall not leave the jurisdiction of court without the leave of this court.  The 1st accused shall not visit the homes of the deceased person’s family.

Orders accordingly.

Ruling read in open court.

Dated and Delivered at Nakuru this 14th day of December, 2018.

A. K. NDUNG'U

JUDGE