Republic v Rugu [2022] KEHC 3263 (KLR)

Republic v Rugu (Criminal Case E012 of 2022) [2022] KEHC 3263 (KLR) (14 July 2022) (Ruling)

Neutral citation: [2022] KEHC 3263 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E012 of 2022

RB Ngetich, J

July 14, 2022

Between

Republic

Prosecution

and

Stephen Muriithia Rugu

Accused

Ruling

1. The accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars are that on the 12th day of March, 2022 at Riabai shopping centre area in Kiambu East Sub-County he murdered Eunice Wanja Githanga.

2. On May 5, 2022, the charge and its full particulars were read over to the accused. He denied the charges and a plea of not guilty was entered. The state counsel Mr. Gacharia informed the court he was not opposed to the accused being released on bond or bail but urged the court to call for a pre-bail report. Counsel for the accused Mr. Nganya applied for the accused to be released on bond as per Article 49 of the Constitution. The court called for a pre- bail report which was filed on June 8, 2022.

3. On 9thJune 2022, the state counsel informed the court that there was a concern by the family’s victim and he wished to file an affidavit raising the concerns. The state was given seven (7) days to file the affidavit which was not filed. On July 4, 2022 Mr. Gacharia submitted he had spoken with the family’s victim and they did appreciate the right of the accused to be released on bond and on that strength, he urged the court to issue strict bond terms to the accused.

4. I have perused the report filed on June 8, 2022. I note that the family of the accused is willing to support the accused if granted bail and ensure that he attends court. They are willing to deposit a title deed in court to secure his release. On the other hand, the family of the victim is opposed to the accused being granted bail, they state they are in grief and still mourning the death of their loved one and they want justice to prevail.

5. The Constitution of Kenya guarantees that every accused person is entitled to bail pending trial unless there are compelling reasons raised. The right to bail is not absolute and where there are compelling reasons the right may be restricted.

6. No compelling reasons have been advanced to deny the accused bond. I am therefore inclined to allow the accused’s application for bond.

7. Final Order:-1. The accused may be released on a bond of Kshs. 500,000/= with one surety of a similar amount.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY ATKIAMBUTHIS14TH DAY OFJULY, 2022. .....................................RACHEL NGETICHJUDGEIn the Presence of:-Kinyua – Court AssistantAccused – PresentNo appearance for accusedMr. Kamwara for Accused