Republic v Philip Macharia Njenga [2021] KEHC 725 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. 20 OF 2018

BETWEEN

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

VERSUS

PHILIP MACHARIA NJENGA............................ACCUSED

RULING

1. PHILIP MACHARIA NJANGE is charged with the offence of murder.  He was on 22nd May, 201 granted bond of Kshs.500,000/= with one surety of similar amount.  He has by his notice of motion application dated 18th November, 2020 moved this Court to review those bond terms.  He deponed that he has been unable to meet those bond terms.  He therefore seeks this Court to exercise its discretion in his favour considering he has been in remand since 2018.

2. I have considered the application and I have also considered the pre-bail report dated 22nd May, 2018.  Bearing all that in mind, I find no merit in the application for review of bond terms.  The terms given on 22nd May, 2018 are reasonable and will ensure the accused do attend court when required.

CONCLUSION

3. The application dated 18th November, in view of the above discussion is declined.

4. At the reading of this Ruling, a further hearing date of the prosecution’s case will be fixed.

RULING DATED and DELIVERED at KIAMBU this 1st day of DECEMBER, 2021.

MARY KASANGO

JUDGE

Coram:

Court Assistant : Maurice

For DPP : Mr. Kasyoka

For Accused :-  Mr. Njehu

Accused : PHILIP MACHARIA NJENGA :Present

COURT

RULING delivered virtually.

MARY KASANGO

JUDGE