Republic v Jackson Mwangi Wathithi [2016] KEHC 6683 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 2 OF 2012

(FORMERLY NYERI HIGH COURT CRIMINAL CASE NO 14 OF 2010)

REPUBLIC.………………………....…PROSECUTOR

VERSUS

JACKSON MWANGI WATHITHI………….ACCUSED

R U L I N G

1. The accused herein, Jackson Mwangi Wathithi, is charged with murder contrary to section 203 as read with section 204of thePenal Code.  It is alleged in the information dated 14/06/2010 that on 08/04/2010 at Kamahuha Trading Centre in Murang’a South District, jointly with others not before the court, he murdered one Margaret Wambui Kamau.  On 15/06/2010 he pleaded not guilty at the High Court, Nyeri.  His case was subsequently transferred to this court.

2. The Accused’s trial commenced on 17/02/2014 before my predecessor (Ngaah, J) who took the testimonies of 4 prosecution witnesses.  The case is scheduled for further hearing on 01/03/2016.

3.   The Accused has in the meantime applied by notice of motion dated 27/08/2015 to be admitted to bail pending conclusion of his trial.  The prosecution does not oppose the application.

4.  Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition for such bail must be reasonable.  SeeArticle 149 (1) (a) of the Constitution of Kenya, 2010.

5.  I have perused the witness statements and other documents provided to the Accused and to the court by the prosecution.  I do not find any compelling reason to deny the Accused bail.

6.  In the event I will allow the application.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 25TH DAY OF FEBRUARY 2016

H.P.G. WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 26TH DAY OF FEBRUARY 2016