Republic v Nancy Wamaitha Mwangi [2019] KEHC 4010 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 6 OF 2019

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

VERSUS

NANCY WAMAITHA MWANGI...........................ACCUSED

RULING

1. The accused prays for bail pending trial.

2. Her learned counsel, Ms. Muritu, submitted that the accused is presumed to be innocent; and, that Article 49 (1) (h) of the Constitution she has a right to bail unless there are compelling circumstances. She submitted further that bail would afford the accused the facilities and time to prepare her defence.

3. The application is opposed by the Director of Public Prosecutions. Learned prosecution counsel, Ms. Gichuru, relied largely on the pre-bail report dated 23rd July 2019.

4. The overarching objective of bail is to ensure the accused attends his trial.  See Muraguri v Republic [1989] KLR 181, Republic v Elias Kipkemoi, Eldoret High Court Criminal Case 42 of 2014 (unreported).

5. It is a truism that the accused is presumed innocent. Under Article 49 (1) (h) of the Constitution, an accused person is entitled to bail unless there are compelling circumstances.

6. Other relevant matters to be considered by the court include: the nature of the charge; the likely sentence; previous criminal records, the views of the family of the victim, the possibility of interference with witnesses; the temptation to abscond; and, the safety of the accused.

7. In addition, the Victims Protection Act 2014 requires the views of victim’s family to be taken into account at this stage.

8. The accused faces a grave charge of murder. The Director of Public Prosecutions informs the High Court that on the night of 25th April 2019 at Wanjengi Location within Murang’a County the accused killed Jacob Macharia Mwangi.

9. I have taken into account the pre-bail report dated 23rd July 2019. The parents of the deceased are still grieving the loss of their son. They are torn because the accused is their daughter.

10. I commiserate with the accused. But there are three compelling reasons for denial of bail. Firstly, the deceased was brotherof the accused. In the social report, it is alleged that the accused also tried to throw her mother into a pit latrine before she (accused) attacked and killed the deceased. Secondly, the parents of the accused consider the accused to be violent and dangerous. They oppose her release on bond. Thirdly, close family members are witnesses in this trial. Given the circumstances under which the homicide occurred, and the additional information from the provincial administration, I am satisfied that there is a real danger of interference with the witnesses.

11. I thus find that there are serious and compelling reasons not to release the accused. Bail is refused.

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 3rd day of October 2019.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

Accused.

Ms. M. Muritu for the accused.

Mr. S. Mutinda for the Republic.

Ms. Elizabeth, Court Clerk.