Republic v Kalelu Kavusuki,Kyambi Kalelu,Muneeni Muthengi & Mwangangi Mutemi [2016] KEHC 6113 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

CRIMINAL CASE NO. 63 OF 2015

REPUBLIC………………………………………..................................……..……..PROSECUTOR

VERSUS

KALELU KAVUSUKI……………………......................................…..1ST ACCUSED/APPLICANT

KYAMBI KALELU.……………………......................................…….2ND ACCUSED/APPLICANT

MUNEENI MUTHENGI.........................................................................3RD ACCUSED/APPLICANT

MWANGANGI MUTEMI.......................................................................4TH ACCUSED/APPLICANT

R U L I N G

By a Notice of Motion dated 19th February, 2016,the Applicants (Accuseds) seek bail pending trial.  The 2nd Applicant in particular seeks to be released on a free bond.

The application is premised on grounds that the Accused persons are charged with the offence of murdering their neighbour in the year 2006. They were adversely mentioned in the inquest that was heard by the Mwingi Senior Resident Magistratein 2007. As the inquest was ongoing they were out on Personal Bonds.  They did not abscond.  They are residents of Kyuso.The 2nd Accused is a wife of the 1st Accused therefore will not abscond.

The application is supported by an affidavit deponed by Kyambu Kaleluwho reiterated what is stated in the grounds on the body of the application and added that they have children who are in primary school and as a result of their incarceration some of them have dropped out of school.

The State through Ms. Amojonglearned State Counsel did not oppose the application.

I do note that bail is a constitutional right unless there are compelling reasons that would require the incarceration of the Accused persons.  The paramount consideration being whether the Accused person is a flight risk.

There being no reason to warrant the Accused person’s incarceration pending trial, I hereby direct as follows:

Accused 2 may be released on a cash bail of Kshs. 100,000/=or bond of Kshs. 200,000/=with a surety in an even sum.

Accused 1, 3 and 4 – Each may be released on bond of Kshs. 400,000/=with a surety in a similar sum.

It is so ordered.

Dated, Signed and Delivered at Kitui this 23rd day of February, 2016.

L. N. MUTENDE

JUDGE