Republic v P T K [2017] KEHC 1126 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO 12 OF 2017

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

VERSUS

P T K................................................ACCUSED

R U L I N G

1. The Accused in this case, P T K, is a juvenile aged 16 years.  He is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 05/03/2017 that on 22/03/2017 within Murang’a County, he murdered one Martin Kihato Thiong’o.

2. On 12/04/2017 the Accused pleaded not guilty to the charge.  His trial is scheduled to commence on 29/11/2017.  He has in the meantime applied to be admitted to bail pending his trial.  This is by notice of motion dated 04/10/2017.  The Republic has no objection to the application.

3. Bail pending trial is now a constitutional right for all offences that will be denied only for compelling reason.  Any conditions for such bail must be reasonable.  See Article 49(1) (h) of the Constitution of Kenya, 2010.  The onus to prove such compelling reason is normally on the Republic.  As already noted here, the Republic has no objection to the Accused being admitted to bail pending his trial.

4.  I have perused the witness statements and other documents supplied to both the Accused and the court by the prosecution.  I do not find in them any compelling reason to deny the Accused bail.

5. I will therefore allow the application and admit the Accused to bail pending his trial.  He shall be released upon his own cognizance in the sum of KShs 100,000/00 and one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 10TH DAY OF NOVEMBER 2017

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 10TH DAY OF NOVEMBER 2017