Republic v John Kyai Kikuvi & Boniface Musyoka Kyai [2015] KEHC 444 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

CRIMINAL CASE NO. 28 OF 2015

REPUBLIC...........................................................................PROSECUTION

VERSUS

JOHN  KYAI  KIKUVI  ........................................................... 1st ACCUSED

BONIFACE  MUSYOKA  KYAI.............................................. 2nd ACCUSED

RULING

The accused persons have applied for bail pending trial on charge of murder contrary to section 204 as read with 203 of the Penal Code (Cap 63) Laws of Kenya.

The state does not oppose their application.

The 1st accused in support of his application for bail has stated that he is farmer growing miraa.  He earns Kshs.10,000/= per month.  He says that he is not married.  Finally he has stated that he is twenty five (25) years old.

The 2nd accused stated in support of his application that he is twenty five years old and he works as a labourer in the rural area.  According to him he makes kshs.4,000/= per month.  His mother is a farmer who grows maize.  The applications of both accused persons are brought under Article 49(h) and 51 (I) of the 2010 Constitution.  According to Article 49 (1) (h) an accused person has a right to be released on bond or bail on reasonable conditions pending trial unless there is compelling reasons not to be released on bail or bond.

Furthermore under section 123 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya  the amount of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive.

I have considered the applicable law, the circumstances of this case and the reasons advanced by the applicants in support of their applications for release on bail pending hearing and determination of the murder charge against the them. I have also taken into account that the application is not opposed by the state.

After considering the circumstances of the case in the light of the applicable law, I find that there are no circumstances that militate against their release on bail or bond. I also find that the applicants are persons of low income. After considering all these matters I find that this a fit case to grant bail, which I hereby do.  Each of the accused persons is released on bail or bond in the sum of Kshs. Three Hundred Thousand ( Kshs.300,000/=) with a surety of  a similar amount.

RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 25th day of NOVEMBER, 2015

In the presence of counsel for the state and counsel for the respondent

Court clerk Mr Nyaga

J.M. BWONWONGA

JUDGE

25. 11. 15