Republic v John Mwangi [2017] KEHC 6271 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 9 OF 2016

REPUBLIC………………………………….PROSECUTOR

VERSUS

JOHN MWANGI…………….……………….......ACCUSED

R U L I N G

1. The Accused in this case, John 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 20/06/2016 that on 24/05/2016 at 4 pm in Rwathia area within Murang’a County he murdered one Esther Njoki Kihara.  On 22/06/2016 he pleaded not guilty to the charge.  His trial commenced on 13/03/2017 and is scheduled to continue on 23/10/2017.  In the meantime he has applied by notice of motion dated 19/09/2016 to be admitted to bail.  The Republic has not opposed the application.

2. Bail pending trial for any criminal 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 19/09/2016.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 750,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 27TH DAY OF APRIL 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 28TH DAY OF APRIL 2017