Republic v Jackson Kalengi [2018] KEHC 4163 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NUMBER 39 OF 2018

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

VERSUS

JACKSON KALENGI.....................................ACCUSED

RULING

Jackson Kalengi who is the accused in this case is charged with murder contrary to Section 2013 as read with Section 204 of the Penal Code. The offence is alleged to have occurred on 18th June 2018 at about 8. 30pm at Kamulu Shopping Centre in Kayole within Nairobi County. The victim of the murder is Dennis Mutalii Maluki, hereinafter called “the deceased”.

The accused has approached this court seeking to be admitted to bail pending the hearing and determination of this case. The accused was arraigned in court on 10th July 2018 to answer to the charged. He denied committing the offence. The state is not opposed to the accused being released on bail but sought to have the evidence of Margaret Mbula Nzioka taken first before the court released the accused on bond. This request was allowed by the court. On 25th July 2018 this court took the evidence of this witness.

I have considered the application and the fact that the prosecution is not opposed to the accused being released on bail. I have no reason to deny the accused bail and I hereby allow the application. The accused shall be released on bail/bond on the following terms and conditions:

(a) The accused shall execute a bond of Kenya Shillings One Million (Kshs 1,000,000) with one surety of the same amount.

(b) In the alternative the accused shall pay cash bail in the amount of Kenya Shillings Four Hundred Thousand (Kshs 400,000) which amount shall be deposited with the Registrar of the High Court.

(d) He shall attend court at all times when required to do so until this case is fully heard and determined.

Orders shall issue accordingly.

Delivered, dated and signed today the 30th day of July 2018.

S. N. Mutuku

Judge