Republic v Margaret Njeri Kamoni [2018] KEHC 6240 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL  CASE  NO 5 OF 2018

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

VERSUS

MARGARET NJERI KAMONI.................ACCUSED

R U L I N G

1. The Accused in this case, MARGARET NJERI  KAMONI, is charged with  murdercontrary tosection 203 (as read with section 204)of thePenal Code.It is alleged in the information dated 19/03/2018 that on 1st March 2018  at Sportsman’s Arms Hotel within Nanyuki Town in Laikipia East Sub-County of Laikipia County within the Republic of Kenya, with others not before court, she murdered one CAROLINE NDUTA CHEGE.

2. On 11th April, 2018 the Accused pleaded not guilty to the charge. Her trial is scheduled to commence on 12/06/2018. The Republic has no objection to her being released on bail pending her trial.

3. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any conditions for such bail that the court might impose, again by constitutional edict, must be reasonable. See Article 49 (1) (h)of theConstitution of Kenya, 2010.

4. As already noted, the Republic does not oppose the Accused’s release on bail.  I have perused the bundle of copies of witness statements and documentary evidence supplied to the defence and to the court by the prosecution.  I find therein no compelling reason to deny the Accused her constitutional right to bail.

5. In the circumstances I shall admit the Accused to bail.  She shall be released upon her own personal bond of KShs 500,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 23RD DAY OF MAY 2018

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 12TH DAY OF JUNE 2018