REPUBLIC v LEONARD MWANGEMI MUNYASIA [2011] KEHC 1961 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

CRIMINAL CASE NO. 16 OF 2011

REPUBLIC ………………………………………................…… PROSECUTION

=VERSUS=

LEONARD MWANGEMI MUNYASIA ……............................…………..ACCUSED

RULING

The accused LEONARD MWANGEMI MUNYASIA has applied to be released on bail pending the hearing and determination of this murder trial. The accused like all other suspects does have a constitutional right to be released on bail unless compelling reasons exist to deny him such bail. The bail application was opposed by the State. I have considered the pre-bail report prepared by the Probation Department. The accused is stated to be a family man and is of fixed abode. The medical card from Taveta District Hospital confirms that the accused is on medication for mild psychosis. His lawyer indicates that he requires regular medical attention. The prosecution have not advanced any compelling reason why this court should deny the accused person bail. As such I do hereby allow this application and admit the accused to bail/bond in terms of Kshs.300,000/- + two Kenyan sureties of like sum.

Dated and Delivered in Mombasa this 14th day of June 2011.

M. ODERO

JUDGE