Republic v Waweru & 2 others [2022] KEHC 14652 (KLR)

Republic v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14652 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E017 of 2022

MM Kasango, J

November 3, 2022

Between

Republic

Prosecutor

and

Isaac Mureu Waweru

1st Accused

Joseph Muthotho Wanjiku

2nd Accused

Anthony Ngigi Kamathi

3rd Accused

Ruling

1. The above named three accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. On 27th June, 2022 when the charge was read out, the three pleaded not guilty. The date for their trial is yet to be set. Joseph Muthotho Wanjiku the 2nd accused and Anthony Ngigi the 3rd accused applied to be released on bail pending the conclusion of their trial. The 1st accused Isaac Mureu Waweru requested that he be allowed to argue his bail application after his learned counsel has supplied this Court with legal authorities.

2. Article 49(1)(h) of the Constitution provides that accused/suspected person has a right to be released on bond or bail, on reasonable conditions, pending a charge or trial unless thee are compelling reasons not to be released. That constitutional provision signifies how the people of Kenya guaranteed both to the accused/suspects the right to bail and the right to have that bail set at reasonable terms. A case that highlights the right to bail is the case of Ahmed Mohammed Omar & 6 Other [2010] eKLR where the court stated:-“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the Judge is satisfied that the bail will ensure the accused appearing at his trial.”

3. There being no compelling reasons to deny the accused bail/bond, I grant the following orders:-a.Joseph Muthotho Wanjiku and Anthony Ngigi Kamathi are each released on their own bond of Kshs.2 million with each providing two sureties for similar amount.

RULING DATED and DELIVERED at KIAMBU this 3rd day of NOVEMBER, 2022. MARY KASANGOJUDGECoram:Court Assistant : Mourice/JuliaAccused :- PresentFor 1st accused : - Isaac Mureu Waweru:- Ms. GithinjiFor 2nd accused : - Joseph Muthotho Wanjiku:-For 3rd accused : - Anthony Ngigi Kamathi:-Ms. Wanjiru MwangiFor DPP :- Mr. KashokaGachariaRULING delivered virtuallyMARY KASANGOJUDGE