Republic v Solomon Chuchu Karami [2015] KEHC 3760 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 37 OF 2015

REPUBLIC………………………………………………PROSECUTOR

VERSUS

SOLOMON CHUCHU KARAMI……………………………ACCUSED

RULING

Solomon Chuchu Karami, the accused, is charged with murder contrary to section 203 read with section 204 of the Penal Code. The particulars are that on 21st March 2015 at 9. 30am at Chuchu Quality Butchery in Githunguri Township within Kiambu County he murdered David Mwendia Maina. The case is listed for hearing on 8th July 2015.

The accused has approached this court by way of an application dated 2nd May 2015 and filed on 4th May 2015 seeking to be released on bail pending the hearing and determination of this case. The application is supported by the grounds found on the face of the application and on the supporting affidavit sworn by the accused on 4th May 2015. The main grounds in support of the application are that murder is a bailable offence under the law; that the accused is presumed innocent until the contrary is proved and that the accused is ready and willing to abide by the terms and conditions of bail set by this court.

The application was not opposed by the state. The prosecution counsel however asked the court to caution the accused on interfering with witnesses and on honouring the terms and conditions set by the court.

I have considered the application, particularly the affidavit sworn by the accused. He states that he lives in Githunguri where he runs a business and that he is a family man. He has attached birth certificates of his three children and a letter from the Chief Githunguri Location confirming that the accused is a resident there. I have no reason to deny the accused bond. He is hereby admitted to bail in the following terms:

That he executes a bond of Kenya Shillings One Million (Kshs 1,000,000) with one surety of similar amount.

In the alternative he pays cash bail of Kenya Shillings Five Hundred Thousand (Kshs 500,000).

He attends court at all times when required to do so and refrains from interfering with witnesses or doing acts that may interfere with the course of justice in respect of this case.

Orders are made accordingly.

Dated, signed and delivered this 17th day of June 2015.

S. N. MUTUKU

JUDGE