REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

 CRIMINAL CASE NO 25 OF 2015

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

VERSUS

MICHAEL KIIO KAVITA……..………………………………….…ACCUSED

R U L I N G

1. The Accused in this case, Michael Kiio Kavita, is charged with murder contrary to section 203 as read with section 204 of the Penal Code.  It is alleged in the information dated 30/06/2015 that on 26/06/2015 at about 6.00 pm in Gituamba Location in Gatanga District of Murang’a County, he murdered one John Mwongela Nzuki.  The Accused’s plea was taken on 23/07/2015.  His trial is scheduled to start on 15/02/2017.      

2. The Accused has now applied by notice of motion dated 19/07/2016 to be admitted to bail pending his trial.  The Republic has no objection to bail and has not filed any replying affidavit.

3. Bail pending trial for any criminal offence is now a constitutional right that can be denied only for compelling reason.  Any conditions for such bail, again by constitutional edict, must be reasonable.  See Article 49(1) (h) of the Constitution of Kenya, 2010.

4. As already indicated, the Republic has no objection to the Accused being admitted to bail pending conclusion of his trial.  I have myself perused the witness statements and other documents provided by the prosecution to the Accused and to court.  I find no compelling reason to deny the Accused his constitutional right to bail pending conclusion of his trial.

5. In the circumstances I will allow the application and admit the Accused to bail.  He shall be released upon his own cognizance in the sum of KShs 500,000/00 plus one surety in like sum.  It is so ordered.

DATED AND SIGNED AT MURANG’A THIS 16^TH DAY OF NOVEMBER 2016

H P G WAWERU

JUDGE

DELIVERED AT MURANG’A THIS 18^TH DAY OF NOVEMBER 2016