Republic v Mutua [2022] KEHC 10322 (KLR)

Republic v Mutua (Criminal Case E020 of 2021) [2022] KEHC 10322 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10322 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E020 of 2021

RB Ngetich, J

June 16, 2022

Between

Republic

Prosecution

and

Peter Mutua

Accused

Ruling

1. The accused herein Peter Mutua was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. Particulars are that, on the 25th day of March, 2021 at Ngoliba in Thika East Sub-County within Kiambu County he murdered Caroline Mutindi Kilonzo.

3. The charge and its full particulars were read over to the accused on 21st April 2021. He denied the charge and its particulars and a plea of not guilty was entered. Ms. Kyalo counsel for the accused applied for the accused to be released on bond pending trial.

4. The State Counsel Mr. Gacharia stated that he was not opposed to accused being released on bond. The court directed the probation officer to prepare a prebail report which was filed on 27th May 2021.

5. I note from the report, that the local administrative stated that the accused is of good conduct, relates well with the community and has not been involved in any criminal activities. The family of the accused is willing to assist the accused person to relocate to Kitui to do farming if released on bail.

6. The victim’s family is however opposed to accused being released on bond. They are hurting and still in mourning and fear for their lives and would like to see justice prevail. I however, note that parties are engaging in a plea bargain. The deceased was the wife of the accused person.

7. The right to bail is a constitutional right enshrined in Article 49 of the Constitution of Kenya. No compelling reasons have been advanced to warrant accused being denied bond/bail pending trial.

8. In the circumstances, I proceed to allow the application for the bond pending trial. The accused is to be released on a bond of Kshs. 500,000/= with a surety of a similar amount.

Final Orders:-1. Application for bond pending trial is hereby allowed.2. Accused may be released on bond of kshs 500,000/= with one surety of a similar amount.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBUTHIS 16TH DAY OF JUNE, 2022. ................................RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court ClerkMs. Kyalo for the AccusedMr. Gacharia for StateAccused – Present