Republic v Ken Mutugi Muchagi & Rose Madrine Njeri [2018] KEHC 4503 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

H.C.CR MURDER NO. 18 OF 2015

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

V E R S U S

1. KEN MUTUGI MUCHAGI....... 1ST ACCUSED

2. ROSE MADRINE NJERI..........2ND ACCUSED

RULING

This ruling relates to an application for bail made orally by the 2nd accused Rose Madrin Njeri.  The court was urged to consider that the report by the probation officer was favourable.

The state through the Prosecution Counsel Mr. Ombiri did not oppose the application.  He urged the court to grant bail on such terms that the court may deem necessary.

I have considered the application.  I have perused the bail report by the Probation Officer. I note that bail is recommended at courts discretion.

Bail is provided for under Article 49(h) of the Constitution provides:

“An arrested person has the right –

to be released on bond bail on reasonable conditions pending a charge or trial unless there are compelling reasons not  to be released.”

The prosecution has not cited any compelling reasons to deny the 2nd accused bail.  The state has informed the Court to consider such terms as may be necessary.  Bail is a Constitution right which should not be denied unless there are compelling reasons.  However in considering the bail terms, the court notes that the offence facing the 2nd accused is very serious and the terms must be such that they will ensure that the accused will turn up for the trial upto its final determination.  The accused will be released on a bond of Kshs 5,000,000/- plus two sureties of Kshs 2,000,000/- each.

Dated at Kerugoya this 1ST  day of August 2018.

L. W. GITARI

JUDGE