Republic v Patrick Marwa [2019] KEHC 1842 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL CASE NO 10 OF 2019

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

VERSUS

PATRICK MARWA...............................ACCUSED

RULING ON BAIL

1. The Accused in this case, PATRICK MARWA, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 13/05/2019 that on 04/05/2019 at the Administration Police Line Two (AP Line 2) within Maralal Town in Samburu County, he murdered one DUNCAN CHERUIYOT.

2. The Accused’s plea was taken on 28/10/2019.  He pleaded not guilty.  Hearing of the case is scheduled to commence on 17/02/2020.  In the meantime the Accused has asserted his constitutional right to bail pending trial.  The Republic has no objection to such bail.

3. Bail pending trial is now a constitutional right for all criminal offences that may be denied only for compelling reason; and any condition for such bail that the court might impose, again by constitutional edict, must be reasonable.  For all this see Article 49(1) (h) of the Constitution of Kenya, 2010.

4. I have perused the witness statements and other documentary evidence, copies of which have been supplied to the Accused and to the court by the prosecution. I cannot find any compelling reason there to deny the Accused bail.

5. I will in the event admit the Accused to bail.  He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus two (2) sureties in like sum.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 20TH DAY OF NOVEMBER 2019

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 21ST DAY OF NOVEMBER 2019