Republic v Wilson Mungai Muhonge [2015] KEHC 2869 (KLR)

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO 34 OF 2014

REPUBLIC ………………………………………………… PROSECUTOR

VERSUS

WILSON MUNGAI MUHONGE……….............…..….…………….ACCUSED

R U L I N G

1. This is an application for bail pending trial (notice of motion dated 17/02/2015).The AccusedWilson Mungai Muhonge is charged with murder contrary to section 203as read withsection 204of thePenal Code.  It is alleged that on 20/09/2014 at about 8. 00 p.m. at Athena Estate within Makongeni area in Kiambu County, he murdered one Milka Waithera Mungai.  He pleaded not guilty; his trial is scheduled to start on 16th June 2015.

2.  Bail is a constitutional right for any offence.  It will be denied only for compelling reason.  Any conditions imposed for bail must be reasonable.  For all these see Article 49(1) (h) of the Constitution of Kenya, 2010.

3.  The Republic has not opposed the Accused’s release on bail.  I have read the witness statements supplied to the court and the Accused by the Republic.  I find no compelling reason to deny the Accused bail.

4. In the event I will allow the application.  The Accused shall be released pending his trial on his own cognizance in the sum of KShs 100,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF JUNE 2015

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS  19TH DAY OF JUNE 2015