Republic v Samuel [2022] KEHC 12364 (KLR)

Republic v Samuel (Criminal Case E005 of 2022) [2022] KEHC 12364 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12364 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E005 of 2022

RB Ngetich, J

June 16, 2022

Between

Republic

Prosecution

and

Alias Sammy alias Samuel

Accused

Ruling

1. The accused herein Edwin Obworo Mokua alias Sammy alias Samuel 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 January 6, 2022 at Thika Section 2 in Thika West sub- County within Kiambu County murdered one Lucy Wanjiru Njerehu alias Njambi.

2. The charge and its full particulars were read over to the accused on March 2, 2022. He denied the charge and its particulars. Plea of not guilty was entered. The accused applied for bond/bail through his counsel Mr Ngeresa.

3. The State Counsel Mr Gacharia indicated that the state is not opposed to the accused being granted bail but prayed that a pre- bail report is called for. The court directed that Pre-bail report be prepared and filed . The report was filed on June 6, 2022. On perusal of the prebail report,I note that the accused’s family is willing to assist and ensure the accused attends court when required if released on bond. The uncle of the accused is willing to deposit his title to the court as security.

4. The family of the victim is apprehensive that the accused may interfere with key witnesses and prayed that the accused be released on bond after key witnesses have testified. The local administration have no adverse report on the accused.

5. Under Article 49 of the Constitution, an accused person can only be denied bond if there are compelling reasons. I note that no affidavit has been filed by the Investigating Officer to show that the accused may interfere with or threaten witnesses if he is released before they testified. From the foregoing, no reasons have been advanced to warrant accused be denied his right to bond as enshrined in the Constition of Kenya.

6. Final Orders:-1. The application for bond is allowed.2. The accused may be released on a bond of Kshs 500,000/= with a surety of a similar amount.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 16TH DAY OF JUNE, 2022. RACHEL NGETICHJUDGEIn the Presence of*:Kinyua – Court ClerkMr. Ngeresa for AccusedMr. Gacharia for State