Republic v Terry T. R. Nyambura Mburu [2015] KEHC 5375 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL APPEAL NO 1 OF 2015

REPUBLIC………………………..PROSECUTOR

VERSUS

TERRY T. R. NYAMBURA MBURU…...ACCUSED

R U L I N G

1.     The Accused, Terry Teresia Roseline Nyambura Mburu, is charged with murder contrary to section 203as read with section 204of the Penal Code.It is alleged that on 24th December, 2014 at Runda estate in Thika Township within Kiambu County she murdered one Zachary Ndwiga Njagi.   She pleaded not guilty and is awaiting trial.  She has now sought to be admitted to bail pending trial.   The Republic does not oppose the application.

2.     Bail is now a constitutional right for any criminal offence, and will be denied only for compelling reasons.  See Article 49(1) (h) of the Constitution of Kenya, 2010.  The bail conditions imposed must be reasonable.

3. The Accused’s learned counsel informed the court that the Accused is a student and that she does not present any flight risk at all.  I have perused the “committal bundle” of documents supplied by the Republic to the court and so the learned counsel for the Accused.   I have noted the circumstances under which the alleged offence was allegedly committed.   I can find no compelling reason for denying the Accused bail.

4.     I will therefore allow the notice of motion dated 26/03/2015.  The Accused shall be admitted to bail pending her trial upon her own cognizance in the sum of KShs 100,000/00 and one surety in like sum.   It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF APRIL 2015

H P G WAWERU

JUDGE

DELIVERED THIS    30TH  DAY OF APRIL 2014