William Mburu Mungai v Republic [2016] KEHC 4516 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE  NO 25 OF 2012

(FORMERLY NYERI HCCR CASE NO 36 OF 2011)

WILLIAM MBURU MUNGAI.……………………………………………..ACCUSED

VERSUS

REPUBLIC……………………………………..…….…....…………..PROSECUTOR

R U L I N G

1.     The Accused, William Mburu Mungai, is charged with murdercontrary to section 203 as read with section 204 of the Penal Code.  It is alleged that in the night of 16th and 17th November 2011 at Gatune Village, Githima Sub-location in Kigumo District within Murang’a County, he murdered one Evans Mungai Kibunja.   His plea was taken on 13/12/2011 at Nyeri.  He pleaded not guilty.  On 29/10/2012 the case was transferred from Nyeri to this court.

2.     The Accused’s trial commenced on 24/02/2014 before Ngaah J.  Four prosecution witnesses testified before the Judge.  The case is scheduled for further hearing on 12/09/2016.

3.     In the meantime the Accused has applied by notice of motion dated 25/03/2013to be admitted to bail pending conclusion of his trial.  For some reason the application was not timeously prosecuted; it is the subject of this ruling.  The Republic has not opposed the application.

4.     Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition for such bail must be reasonable.  See Article 49(1) (h) of the Constitution of Kenya, 2010.

5.     I have read the witness statements and other documents supplied to the Accused and to court by the prosecution, and have noted the circumstances under which the alleged offence was committed.  I have not found any compelling reason to deny the Accused bail.

6.     In the circumstances I will allow the application.  The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A ON THIS 23RD  DAY OF JUNE 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS  24TH  DAY OF JUNE 2016