Republic v Stephen Maranga Nyagakwa [2017] KEHC 681 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.6  OF 2015

REPUBLIC….………………..……..PROSECUTION

VRS

STEPHEN MARANGA NYAGAKWA…..ACCUSED

RULING

1. The accused has been charged with the offence of murder contrary to section 203 and 204 of the Penal Code. The particulars of the offence are that on the 23rd day of February 2015, he murdered Linda Chemutai Keter.  He has now applied to be released on bail pending trial.

2. The state has indicated that it will not be opposing the application as there are no compelling reasons for the accused not to be released on bail. Ms. Keli stated that she had contacted the investigating officer, PC Wambua, but he had not communicated on whether or not there were compelling reasons why the accused should not be released on bail.

3. The court directed that a pre-bail report be prepared in respect of the accused. The report indicates that the accused person has been contacting and issuing threats to the husband of the deceased.

4. Mr. Ngetich for the accused stated that he had spoken to the accused, who had denied sending threatening messages to the deceased’s family. He had been in custody since the incident, and did not have the telephone number of the deceased’s husband. He prayed that the accused be granted reasonable bail terms.

5. Article 49 of the Constitution guarantees to every arrested person the right to be released on bail, unless there are compelling reasons why the person should not be released. In this case, the state has indicated that it has no compelling reasons, so there is no basis for denying the accused bail.

6. The court has noted the concerns raised by the husband of the deceased communicated to the probation officer who prepared the pre bail report. The accused has denied making the said threats, and there is nothing before the court on the basis of which the court can tell whether or not there is any truth to the allegation.

7. The accused is therefore entitled to be released on reasonable bail terms as provided under Article 49.  Nonetheless, the court may set conditions for such terms, accordingly, the accused shall be released on bond of Kshs 300,000 and one surety of a similar amount. He shall also be required to report to the Uriri Police Station, Migori, every two weeks. Should any report be made that he has in any shape or form contacted the family of the deceased, then the bond shall stand cancelled.

Dated, Delivered and Signed at Kericho this 6th day of November 2017.

MUMBI NGUGI

JUDGE