Republic v Trufena Kerubo Lukas [2016] KEHC 59 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.20 OF 2015

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

VERSUS

TRUFENA KERUBO LUKAS..........................ACCUSED

RULING

1. The accused herein TRUFENA KERUBO LUCAS is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code.  It is alleged that on the night of 25th and 26th April 2015 at Nyabitunwa Sub-location, Kenyenya Sub-County within Kisii County, jointly with others not before the court, murdered JAMES MASESE OBWOGE.

2. The accused pleaded not guilty to the charge and on 3rd June 2015 made an oral application to be released on bond pending her trial.

3. On 16th June 2015, Mr. Majale counsel for the State intimated to court that the State had no compelling reasons to oppose the accused’s application for her release on bond.

4. The pre-bail report filed on 23rd October 2015 recommended that the accused person was suitable for release on bond pending her trial.

5. The right of any accused person to be admitted to bond pending trial is enshrined in the Constitution by Article 49 (1) (h) in view of the above, I allow the accused application for bond in the following terms:-

a) The accused may be released on her own personal bond of Ksh.500,000/= with 2 sureties of a like amount.

b) The sureties shall be approved by the Deputy Registrar of this court.

c) Once released, the accused shall appear for mention of her case once every 30 days until the case is heard and determined or until further orders of this court.

d) If the accused fails to appear at any one mention, the bond shall be cancelled and the sureties called upon to account and/or make good their bond.

e) Mention shall be on 15th December 2015.

Dated, signed and delivered in open court this 17th day of November, 2015

HON. W. OKWANY

JUDGE

In the presence of:

Mr. Mbelete for the State

M/S Ondari for the Accused

Mr. Ogega: court clerk