Republic v Joseph Mburu Gitau [2022] KEHC 1822 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIVASHA

CRIMINAL CASE NO. E004 OF 2022

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

-VERSUS-

JOSEPH MBURU GITAU.........................RESPONDENT

RULING ON BAIL

1.      The accused herein is charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code.

2.      He has today pleaded not guilty. His counsel Ms. Ndung’u has applied for bail submitting that the accused would not abscond as he has a permanent place of abode and has no travel documents that would lead him to leave the jurisdiction of the court.

3.      Learned State Counsel, for the Republic has not opposed the bail save to add that the accused should be warned not to interfere with witnesses.

4.      I have considered the application and the submissions. Bail to any accused person is a Constitutional right which cannot be denied unless there are compelling reasons as provided under Article 50 (1) (h)of the Constitution.

5.      The prosecution has availed no compelling reasons. Indeed, they have conceded to the release of the accused on bail/bond.

6.      On the part of the court, I find no reason not to grant bails to the accused. I therefore admit him to a bond of Kshs 1,000,000/= (One Million) with a surety of a similar amount or a cash bail of Kshs. 500,000/=. The surety shall be assessed by the Deputy Registrar of this court.

7.      The accused is additionally warned to ensure he attends court at all times when required to and not to interfere with prosecution witnesses failing which the court will not hesitate to cancel the bond/bond.

DATED AND DELIVERED AT NAIVASHA THIS 3RD DAY OF FEBRUARY, 2022.

G. W. NGENYE-MACHARIA

JUDGE

In the presence of;

1. M/s Ndungu for the Accused

2. M/s Maingi for the Prosecution.