Republic v James Maina Mwangi [2017] KEHC 6693 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 11 OF 2016

REPUBLIC………………………………………..PROSECUTOR

VERSUS

JAMES MAINA MWANGI….……..….................…….ACCUSED

R U L I N G

1. The Accused in this case, James Maina Mwangi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 04/07/2016 that on 22/06/2016 within Gatharaini Village, Mathioya Sub-County of Murang’a County he murdered his mother Esther Mugure Mwangi.  On 13/07/2016 he pleaded not guilty to the charge.  His trial is scheduled to commence on 11/04/2017.  In the meantime he has applied by notice of motion dated 07/09/2016 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 07/09/2016.  The Accused shall be admitted to bail 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 MURANG’A THIS 29TH DAY OF MARCH 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 31ST DAY OF MARCH 2017