Republic v Simon Mwaura & Sammy Wekesa Simiyu [2018] KEHC 3140 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT NANYUKI

CRIMINAL CASE NO 14 OF 2018

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

VERSUS

SIMON  MWAURA

SAMMY WEKESA SIMIYU....................................ACCUSED

RULING ON BAIL

1. The Accused persons in this case, Simon Mwauraand Sammy Wekesa Simiyu, are charged with murder Contrary to section 203 as read with Section 204 of the Penal Code.  It is alleged in the information dated 10th September, 2018 that on 25th August, 2018 at Muthaiga area of Wiyumiririe Trading Centre, Laikipia Central Sub-County in Laikipia County, jointly with others not before the court, they murdered one MICHAEL NGUNJIRI KIHUMBA (alias Dedan Wachiuri).

2.  On 27th September, 2018 the Accused persons pleaded not guilty to the charge. Their trial is scheduled to commence on 20th November, 2018. They have applauded to be admitted to bail in the meantime. The prosecution has no objection.

3. Bail pending trial is now a constitutional right for all criminal offences that will be denied only for compelling reason. Any condition for such bail, again by constitutional edict, must be reasonable.  For all that see Article 49 (1) (h) of the Constitutionof Kenya, 2010.

4. I have read through the witness statements and documentary evidence supplied by the prosecution to both the Accused persons and the court. I find in them no compelling reason therein to deny the Accused persons bail.

5. I will in the event admit the Accused persons to bail. Each of them may be released upon his own cognizance in the sum of KShs 300,000/00 and one surety each in like sum. It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF OCTOBER 2018

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 11TH DAY OF OCTOBER 2018