Republic v Hussein Musa Bulge [2018] KEHC 2794 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL  CASE  NO 15 OF 2018

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

VERSUS

HUSSEIN MUSA BULGE.......................ACCUSED

RULING ON BAIL

1. The Accused in this case, Hussein Musa Bulge, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 12/09/2018 that on 31/08/2018 at Wiyumiririe area of Laikipia Central Sub-County in Laikipia County, he murdered one Francis Gitu Mathenge.

2. On 24/10/2018 the Accused pleaded not guilty to the charge.  His trial is scheduled to commence on 28/01/2019.  He has sought to be admitted to bail in the meantime.  The prosecution has no objection.

3. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason.  Any condition for such bail, again by constitutional edict, must be reasonable.  For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.

4. As already pointed out, the prosecution has no objection to the Accused being admitted to bail.  I have perused the witness statements and documentary evidence supplied to the Accused and to the court by the prosecution.  I find nothing therein to warrant denying the Accused his constitutional right to bail pending his trial.

5. I will in the circumstances admit the Accused to bail.  He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 30TH DAY OF OCTOBER 2018

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 1ST DAY OF NOVEMBER 2018