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Republic v Njeru (Criminal Case E025 of 2022) [2022] KEHC 13554 (KLR) (6 October 2022) (Ruling)
Neutral citation:
[2022] KEHC 13554 (KLR)
Republic of Kenya
Criminal Case E025 of 2022
RB Ngetich, J
October 6, 2022
Between
Republic
Prosecution
and
Stephen Munene Njeru
Accused
Ruling
1.The accused herein Stephen Munene Njeru is faced with the charge of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on May 15, 2022 at Muchatha area, Kiambaa sub- county within Kiambu county murdered Ann Wanjiku Kimani.
2.The charge and its full particulars were read to the accused on July 26, 2022. He pleaded not guilty. A plea of not guilty was entered.
3.Ms Wambui counsel for the accused applied for bond on July 26, 2022. She applied for accused to be released on reasonable bail terms.
4.Mr Nyamesa counsel for the state did not oppose the bond application. He however requested for the pre-bail report to be supplied to the court
5.The court called for a pre-bail report which was filed on October 4, 2022. The report indicate that the mother of the victim is apprehensive the accused is likely to interfere with the key witnesses and is also in fear for her security and that of her family. She also points out that since the death of her daughter, she has faced emotional and physchological torture to a point of developing high blood pressure. The accused’s mother is willing to stand in as a surety for the accused and will ensure the accused attends court.
6.The accused is willing to abide by the bond terms and he will relocate to Embu his home county and ensure he attends court when called upon.
7.I have considered the application and analysed the pre-bail report, the report does not demonstrate any compelling reasons to deny the accused bond/bail. The report states the victim’s mother is apprehensive that the accused will interfere with the witnesses. No affidavit has been filed to demonstrate the real likelihood of the interference of the witnesses by the accused person if he is released on bond. The fear having not been substantiated, it remains speculation.
8.The court should be satisfied that there are no compelling reasons to deny accused bail/bond.
9.Section 123A of the Criminal Procedure Code provides: “In such a determination the courts are to factor the following exceptions to limit the right to bail;a.Nature or seriousness of the offence;b.The character, antecedents, associations and community of the accused person;(c)The defendant's record in respect of the fulfilment of obligations under a previous grant of bail;(d)The strength of the evidence of his having committed the offence:(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person;(a)Has previously been granted bail and has failed to surrender to custody if released on bail. It is likely that he would fail to surrender to custody;(b)Should be kept in custody for his own good.”
10.Further article 49 of the Constitution of Kenya 2010 guarantees the right of every accused person to be released on bond/bail unless there are compelling reasons.
11.In this case, the prosecution has not opposed the accused being released on bond. The prosecution is clothed with the burden of proof to demonstrate any compelling reasons. There is therefore no compelling reason to deny accused bond.
12.Final orders:-Accused may be released on a bond of Kshs 500,000/= with a surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022.………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantMs. Wambui for AccusedAccused – Present
