Republic v Njoroge alias Wacharity [2023] KEHC 21588 (KLR)

Republic v Njoroge alias Wacharity (Criminal Case E015 of 2023) [2023] KEHC 21588 (KLR) (27 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21588 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E015 of 2023

PM Mulwa, J

July 27, 2023

Between

Republic

Prosecution

and

Salome Gathoni Njoroge Alias Wacharity

Accused

Ruling

1. The accused person Salome Gathoni Njoroge alias Wacharity was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, in that on the night of April 4, 2023 at Kirenga Location in Lari Sub-County within Kiambu County, murdered Peter Ngige Waweru.

2. The charges were read over and particulars explained to the accused person on May 9, 2023. She denied the charge and a plea of not guilty was entered. Mr. Ombengi counsel for the accused person applied to have the accused person released on reasonable bail terms.

3. The state counsel Mr Gacharia did not oppose the accused being released on bond but urged the court to call for a pre-bail report. A pre-bail report was filed on June 16, 2023.

4. The pre-bail report describes the accused person as having a supportive family and a fixed abode and hence not a flight risk. Equally the area administration, the victim’s family and the community generally do not oppose her release on bail as long as justice will prevail in the end.

5. The pre-bail reports reinforce the submissions by counsel for the accused person that if granted bail she will abide by the terms thereof.

6. Article 49(1)(h) of the Constitution gives every accused person a right to be released on reasonable bail terms unless there are compelling reasons. No compelling reasons have been advanced and I see no reason to deny accused persons bond. I therefore allow the application for bond.

Final orders:- 7. The accused person is to be released on a bond of Kshs 500,000/= with one surety of a similar amount.

Ruling delivered, dated and signed at KiambuThis 27th day of July, 2023. ………….…………………………P.M. MULWAJUDGEIn the Presence of:Kinyua/Duale – Court AssistantsAccused- presentMr. Gacharia for StateMr. Joshua Ombengi for AccusedPage 2 of 2