REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL CASE NO 8 OF 2020

REPUBLIC.................................................................................PROSECUTOR

VERSUS

FLORA NDUTA MAINA...................................................................ACCUSED

RULING ON BAIL

1. The Accused herein, FLORA NDUTA MAINA, is charged with murder contrary to sections 203 & 204 of the Penal Code.  It is alleged in the information dated 12/08/2020 that in the night of 19/01/2020 at Mureru area in Kieni East Sub-County within Nyeri County she murdered one SHELMITH WAMUYU NGARE.

2.  On 07/12/2020 the Accused pleaded not guilty to the charge.  Her trial is scheduled to start on 01/02/2021.  In the meantime she has asserted her constitutional right to bail pending that trial.  The Republic does not oppose bail.

3.  Bail pending trial is now a constitutional right for all criminal offences, and it will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable.  For all that see Article 49(1) (h) of the Constitution of Kenya, 2010.

4. I have perused the witness statements and documentary evidence, copies of which were supplied by the prosecution to the Accused and to court.  I have not found therein any compelling reason to deny the Accused her constitutional right to bail pending trial.  The only thing remaining is to impose such reasonable conditions as would ensure that she attends court as and when required for her trial.

5. Consequently the Accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000/00, plus two (2) sureties in like sum.  It is so ordered. 

DATED AND SIGNED AT NANYUKI THIS 9^TH DAY OF DECEMBER 2020

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 10^TH DAY OF DECEMBER 2020