Republic v Sarah Watiri Kamau [2022] KEHC 2471 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

CRIMINAL CASE NO. E045 OF 2021

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

-VERSUS-

SARAH WATIRI KAMAU......................................................................ACCUSED

RULING

1. SARAH WATIRI KAMAU pleaded not guilty to the offence of murder.  Trial date of her case is yet to be set.  She applied she be released on bail/bond pending her trial.

2. The accused’s mother swore an affidavit in support of the accused’s bail application. The mother confirmed that the accused will attend hearing of her trial if released on bail. The mother confirmed she will procure sureties to guarantee accused’s attendance for her trial.  Further, the accused confirmed she will re-locate from where the alleged offence occurred and will reside at her ancestral home, Natu village in Kikuyu, with the mother.

3. Article 49(1)(h) of the Constitutionprovides that an arrested person has right to be released on bail/bond on reasonable terms, pending trial or charge, unless there are compelling reasons.

4. The prosecution requested that bail be on condition that the accused desists from contacting the prosecution witnesses and that she does re-locate from Gikambura area.

5. The purpose of granting bail/bond is to ensure an accused person does attend trial. This was discussed in the casePETER KINYANJUI WAINAINA VS. REPUBLIC (2021) eKLR,thus:-

“The court in theMAURICE AMUGUMBIcase (supra) observed that:

‘The ultimate purpose of bail is to ensure that the accused person will attend trial.  Obviously, the more severe the likely punishment for the offence charged, the more likely that an accused person may be tempted to abscond to avoid the eventuality of punishment. Therefore,

in as much as the court must pay attention to the charges facing an accused person, it must be careful to give effect to the right to bail while determining what conditions to impose.  If that does not happen, the terms imposed may well turn out to be effectively a denial of the right to bail.’”

6. There are no compelling reasons brought to the attention of this Court why bail/bond should not be granted.

7. Accordingly, this Court grants the following orders:-

(a) Sarah Watiri Kamau shall be released pending her trial on a bond of Kshs.1 million with two sureties of similar amount.

(b) The accused is granted the above bond on condition she re-locates from Gikambura Location of Kikuyu Sub-County within Kiambu County until conclusion of this trial.

(c) The accused is also released on bond on condition she does not contact any of the prosecution’s witnesses pending this trial.

8. At the reading of this Ruling a trial date shall be fixed.

RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF FEBRUARY, 2022.

MARY KASANGO

JUDGE

Coram:

Court Assistant: Mourice

Accused: SARAH WATIRI KAMAU: - Present

For accused: - Ms. Muthoni Nyoguto

For DPP: Mr. Kasyoka and Mr. Benjamin

COURT

RULINGdelivered virtually.

MARY KASANGO

JUDGE