Republic v Kinyanjui [2023] KEHC 18944 (KLR)

Republic v Kinyanjui (Criminal Case E001 of 2023) [2023] KEHC 18944 (KLR) (22 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18944 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E001 of 2023

PM Mulwa, J

June 22, 2023

Between

Republic

Prosecutor

and

Mary Mukami Kinyanjui

Accused

Ruling

1. The court has been called upon to determine the bond/bail application of the accused herei Mary Mukami Kinyanjui, pending trial. The accused was charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on December 31, 2022 between 2030hrs and 2200hrs in Thamanda area in Kikuyu Sub-County within Kiambu County, she murdered Brian Kinyanjui Gaitho and Elizabeth Wambui Gaitho.

2. The accused took a on January 26, 2023, and pleaded not guilty to the two counts.

3. Mr Mwangi advocate for the accused urged the court to release the accused on reasonable bail terms pending trial.

4. Mr Gacharia the state counsel informed the court that the victims were the accused children and the incident elicited mixed reactions in the community. He urged the court to call for a pre-bail report to guide its decision.

5. A pre-bail report was filed on April 25, 2023 and it shows that the local administration and the community at Gitaru were not opposed to her release on bond. The accused family is supportive and is willing to assist her. The accused promises to abide by the terms of release to be set by the court.

6. An accused person has a constitutional duty for the release on bond/bail pending trial. Article 49(1)(h) of the Constitution provides that: “an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released.”

7. Further, section 123A of the Criminal Procedure Code gives the parameters for the grant of the right to bail as follows:"(1)Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in deciding on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—(a)the nature or seriousness of the offence;(b)the character, antecedents, associations and community ties of the accused person;(c)the defendant's record in respect of the fulfilment of obligations under previous grants of bail; and;(d)the strength of the evidence of his having committed the offence;(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—a.has previously been granted bail and has failed to surrender to custody and if released on bail (whether or not subject to conditions) he would likely fail to surrender to custody;b.should be kept in custody for his protection"

8. The state counsel is not opposed to the release of the accused person on bond/bail. The accused has not been admitted to previous bail terms. The community avers the accused is a good person in society. The state has not raised any compelling reasons that would deny the accused bail/bond.

9. In the absence of any compelling reasons by the state counsel, the presumption in granting bail prevails. The pre-bail report also favours the release of the accused on reasonable bail/bond.

10. Accordingly, this court finds the bail application is merited.

11. The accused is to be released on a bond of Kshs, 500,000/= plus one surety of a similar amount.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBUTHIS22ND DAY OF JUNE, 2023. …………………………..………………P.M. MULWAJUDGEIn the Presence of:Kinyua – court assistantAccused - PresentMr. Muriuki - for the stateN/A by advocate for accused