Case Metadata |
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| Case Number: | Criminal Case 24 of 2012 |
|---|---|
| Parties: | Republic v John Mbugua Njuguna |
| Date Delivered: | 18 Nov 2016 |
| Case Class: | Criminal |
| Court: | High Court at Murang'a |
| Case Action: | Ruling |
| Judge(s): | Hatari Peter George Waweru |
| Citation: | Republic v John Mbugua Njuguna [2016] eKLR |
| Case History: | Formerly Nyeri Hc Cr Case No 40 Of 2011 |
| Court Division: | Employment and Labour Relations |
| History Docket No: | 40 Of 2011 |
| History County: | Nyeri |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
HIGH COURT CRIMINAL CASE NO 24 OF 2012
(FORMERLY NYERI HC CR CASE NO 40 OF 2011)
REPUBLIC………………………………………………….……PROSECUTOR
VERSUS
JOHN MBUGUA NJUGUNA…..…………………………….…….…ACCUSED
R U L I N G
1. The Accused in this case, John Mbugua Njuguna, is charged with two counts of murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 23/12/2011 that on 26/06/2007 at Mukoye trading centre in Kandara Division within Murang’a County, jointly with others not before court, he murdered one John Mburu Kuria and one Daniel Muiruri Chege. It appears that there was an inquest first vide Kandara SPM Inquest No 1 of 2010 before the Accused was arrested and charged with the two murders.
2. The Accused’s plea was taken on 16/01/2012 at the High Court in Nyeri. He pleaded not guilty to both counts. The case was subsequently transferred to this court for disposal. The Accused’s trial commenced on 13/07/2016. Only one prosecution witness has testified so far. The case is scheduled for further hearing on 11/04/2017.
3. The Accused has now applied by notice of motion dated 17/08/2016 to be admitted to bail pending conclusion of his trial. The Republic has no objection to bail and has not filed any replying affidavit.
4. 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.
5. 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.
6. 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 16TH DAY OF NOVEMBER 2016
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 18TH DAY OF NOVEMBER 2016
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