Republic v Moses Gicheru Ngugi [2018] KEHC 7176 (KLR)

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO 28 OF 2016

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

VERSUS

MOSES GICHERU NGUGI..............ACCUSED

R U L I N G

1. The Accused herein, Moses Gicheru Ngugi, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 21/11/2016 that on 26/11/2016 at about 3. 30 a.m. at Kamahuha Trading Centre in Murang’a County, he murdered one Moses Mburu Gitau.

2. On 25/11/2016 the Accused pleaded not guilty to the charge.  His trial is scheduled to commence on 04/12/2018.  He has in the meantime applied to be admitted to bail by notice of motion dated 14/12/2017.  The Republic does not oppose the application.

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

4. I have read through the witness statements and other documents supplied to the Accused and to the court by the prosecution.  I do not find anything in them upon which the Accused may properly be denied bail.

5. In the event I will allow the application.  The Accused shall be admitted to bail upon his own bond of KShs 300,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 19TH DAY OF APRIL 2018

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 20TH DAY OF APRIL 2018