Republic v John Mwangi Karitu [2021] KEHC 6550 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 45 OF 2020

BETWEEN

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

VERSUS

JOHN MWANGI KARITU.................................. ACCUSED

RULING

1.   JOHN MWANGI KARITU is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.  He pleaded not guilty and in his trial date is yet to be set.  He is in pre-trial detention.  He made an application for his release on bail/bond pending his trial.

2.   The constitution provides that an accused person shall be presumed innocent until contrary is proved.  Further, under Article 49(i)(h)of the Constitution, an arrested person has a right to be released on bond or bail, on reasonable conditions pending a charge or trial unless there are compelling reasons.

3.   The accused’s application to be released on bail/bond was unopposed by the State.

4.   There being no compelling reason to deny the accused bail/bond, I order as follows:-

(a)  The accused shall be released on a bond of Kshs.1,000,000/= (ONE MILLION) with two sureties y of similar amounts

(b)  The accused shall not interfere with the prosecution’s witnesses while out on bond.

RULING DATED AND DELIVERED AT KIAMBU THIS 3RD DAY OF JUNE, 2021.

MARY KASANGO

JUDGE

Coram:

Court Assistant: Ndege

Accused  :  Present

For Accused: No appearance

DPP  : Mr. Kasyoka

COURT

RULING delivered virtually.

MARY KASANGO

JUDGE