Republic v Mutuku [2022] KEHC 10934 (KLR)

Republic v Mutuku (Criminal Case E001 of 2022) [2022] KEHC 10934 (KLR) (23 March 2022) (Ruling)

Neutral citation: [2022] KEHC 10934 (KLR)

Republic of Kenya

In the High Court at Kajiado

Criminal Case E001 of 2022

SN Mutuku, J

March 23, 2022

Between

Republic

Prosecution

and

Juliana Kamene Mutuku

Accused

Ruling

1. The accused herein is charged with the murder of Stephen Maundu Kilelo contrary to Section 203 as read with Section 204 of the Penal Code. This offence is said to have been committed on 20th December 2021 at Elerai Area in Mashuru Sub County in Kajiado County.

2. After the plea was taken on 8th February 2022, Mr. Korir for the accused made an oral application to this court to admit the accused on bail pending the hearing and determination of this case. The application is not opposed by the State. Mr. Mang’are, learned Prosecution Counsel told the court that bail is a constitutional right left to the discretion of the court and that he was not opposed to the application.

3. On 9th February 2022, this court called for a pre-bail report from the Probation Office. The report was filed on 7th March 2022. I have read the same. It shows that the family of the accused are not well-off. The accused is estranged for her husband with whom they have three school-going children. They however cooperate in bringing up the children. The father of the accused is deceased but the mother and siblings are alive. The social circumstances of the accused are that she has a supportive family but the siblings and the mother may not be able to raise stiff bond terms.

4. The purpose of the bail/bond to secure the attendance of the accused to court until the case against him/her is finally heard and determined. It is not meant to punish the accused person. On the other hand, release on bail/bond is a serious matter. The court must safeguard the rights of the victim of the crime by ensuring that an accused person does not jump bail before he is subjected to due process to determine hie/her guilt or innocence to ensure the rights of each party are safeguarded.

5. This application is not opposed. As stated by the prosecution counsel, the court has the final say on whether to grant or decline granting bail. This discretion is exercised after taking into account all the factors surrounding such an application. I have no reason to deny the accused bail but care must be taken to ensure that she attends courts all the time she is required to do so until this case is heard and determined.

6. Consequently, I grant this application and admit the accused to bail/bond pending the hearing and determination of this case. She will however meet the following terms and conditions for her release:1. That the accused shall execute a bond of Kshs 300,000 with one surety of similar amount or two sureties of Kshs 150,000 each.2. That in the alternative she is at liberty to deposit a cash bail of Kshs 150,000. 3.That the accused shall abide by these terms by attending court at all times she is required to do so until this case is heard and fully determined. Failure to attend court at any given time without good reasons shall automatically result in cancellation of this bond and remand of the accused in custody.Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 23RD MARCH 2022. S. N. MUTUKUJUDGE