Republic v Haddad Gitahi Mboche [2017] KEHC 5019 (KLR)

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 26 OF 2016

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

VERSUS

HADDAD GITAHI MBOCHE………………………….……..…….ACCUSED

R U L I N G

1.  The Accused in this case, Haddad Gitahi Mboche, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 27/10/2016 that on 06/10/2015 at Kihoya Sub-location within Murang’a County he murdered one Margaret Waithera.  On 08/11/2016 he pleaded not guilty to the charge.  His trial is scheduled to commence on 28/08/2017.  In the meantime he has applied by notice of motion dated 22/11/2016 to be admitted to bail.  The Republic has not opposed the application.

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

3.  I have perused the witness statements and other documents supplied to the Accused and to the court by the prosecution, and I have noted the circumstances in which the alleged offence was committed.  I find no compelling reason to deny the Accused bail.

4.  I will in the event allow the notice of motion dated 22/11/2016.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 1,000,000/00 plus two sureties in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 12TH DAY OF JUNE 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 16TH DAY OF JUNE 2017