Republic v Miriti M’thumatia Tharamba, Francis Mwenda , Romano Mugambi & Julius Kirimi M’mwitari Alias (Malaya) [2018] KEHC 8649 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO. 53 OF 2016

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

-VERSUS-

MIRITI M’THUMATIA THARAMBA………....………..…...1ST ACCUSED

FRANCIS MWENDA ………………………….…………. 2ND ACCUSED

ROMANO MUGAMBI ………………………..….…….…. 3RD ACCUSED

JULIUS KIRIMI M’MWITARI ALIAS (MALAYA) …........... 4TH ACCUSED

RULING

I have considered the application for bail/bond by the accused.  Bond is a Constitutional right of every accused person unless there are compelling reasons under Article 47 of the Constitution.  In the present case, I have considered the pre-bail reports on each accused as follows:-

1st Accused:    There are exceptional circumstances.  He is a flight risk as he has previously jumped bail.

2nd Accused:    There exists no exceptional circumstances.

3rd Accused:    There exist exceptional circumstances.  If it is alleged that he had disappeared after the incident and the likelihood of him being a flight risk is real.

4th Accused:    There are no exceptional circumstances.

Accordingly, the 2nd and 4th accused persons may be released on a personal bond of KShs.200,000/= with a surety of a similar amount while bond is declined as relates the 1st and 3rd accused.  They shall remain in custody throughout their trial.  Mention on 17/7/2018 to give a date for trial.

DATED and DELIVERED at Meru this 25th day of January, 2018.

A. MABEYA

JUDGE

25/01/2018