Republic v Julius Kithaka Ndege [2020] KEHC 51 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

HCCR NO. 27 OF 2018 (MURDER)

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

VERSUS

JULIUS KITHAKA NDEGE.....................................................ACCUSED

RULING

1.  JULIUS KITHAKA NDEGE, the Accused/Applicant herein is charged with the offence of murder contrary to Section 203 as read with204 of the Penal Code.  This case is pending for further hearing on 28th September  2020.

2.  The  Applicant's application to be released on bond pending trial dated 12th   July 2019 was disallowed by this court vide its ruling dated 22nd October  2019.

3. The Applicant has now renewed his application citing Covid 19 pandemic and a medical condition which he says requires surgery.  He has sent  medical documents indicative of the need for the said medical procedure.

4.  The State has opposed this application stating that the applicant is  better off   in Chuka Prison in so far as Covid 19 pandemic is concern.  The State   further  opines that the Applicant can be taken to Kenyatta Hospital for an operation if that need arises and insisted that the earlier fears expressed  regarding likelihood of witness interference are still valid.

5. This court has considered the Applicant's application for this court to review   its decision and allow to be released on bond for purposes of seeking for  medical treatment.  I have looked at  the medical chits sent from Chuka G.K.  Prison and it is apparent that the accused suffers from a medical condition   which requires medical attention.  I am not persuaded that the Applicant should be released on bond only due to Covid 19 pandemic particularly  where circumstances mitigates against the same.

I am however persuaded that Covid 19 pandemic has made things difficult and there is no denying that as a nation we are living in extra ordinary circumstances.  What could have been managed easily in prison in the past may not be easy now because of extra ordinary measures taken to address the pandemic especially in prison.

In the premises I am inclined to allow this application in the face of medical documents supplied to this coupled with circumstances brought by present circumstances of Covid 19 which complicates medical attention for other medical conditions other than Covid 19. In the premises, the Applicant may be released on a bond of Kshs. One Million  with a surety of a similar amount. If released, the accused is strictly directed to keep off all the  prosecution witnesses. He should not make attempts either directly or   indirectly to contact them in any way.  He should attend court promptly whenever required to do so.

Dated, signed and delivered at Chuka this 4th day of June 2020.

R. K. LIMO

JUDGE

4/6/2020

Ruling dated signed and delivered via zoom in presence of accused and    Maari for State.

R. K. LIMO

JUDGE

4/6/2020