Republic v Joseph Njogu Mwangi [2021] KEHC 4603 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 19 OF 2016

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

VERSUS

JOSEPH NJOGU MWANGI..........................ACCUSED

RULING

1. The accused prays for bail pending trial. The application is contained in the notice of motion dated 28th February 2018.

2. The motion is not contested by the Republic.

3. The accused is charged for the murder of Edward Muriithi Mburia on 1st September 2016 at Mukuyu Market within Murang’a County. He has been in custody since 14th September 2016. Due to a myriad of reasons, his trial has not commenced.

4. The accused is deemed innocent at this juncture. Under Articles 49 (1) (h) and 50of the Constitution, he has a right to bail unless there are compelling circumstances.

5. Furthermore, the overarching objective of bail is to ensure the accused attends his trial.  Muraguri v Republic [1989] KLR 181.

6. I find that there are no compelling grounds for denial of bail. The accused may be released upon execution of a bond in the sum of Kshs 300,000 together with one surety of a similar amount. The surety shall be examined and approved by the Deputy Registrar of this Court.

7. I attach two conditions for his release: Firstly, he shall not have any contact with witnesses. Secondly, he must attend all mentions or hearings of this case. In default of any of those conditions, his bond shall stand cancelled; and, the surety shall be called to account.

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 29th day of July 2021.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

The accused.

Mr. J. Kagwi for the accused.

Mr. S. Mutinda for the Republic.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.