Criminal Case E017 of 2022

Case Metadata
Case Number:	Criminal Case E017 of 2022
Parties:	Republic v Waweru & 2 others
Date Delivered:	03 Nov 2022
Case Class:
Court:	High Court at Kiambu
Case Action:	Ruling
Judge(s):	Mary Muhanji Kasango
Citation:	Republic v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)
Advocates:	Mr. KashokaGacharia for DPP, Isaac Mureu Waweru:- Ms. Githinji for 1st accused, Joseph Muthotho Wanjiku:- for 2nd accused, Anthony Ngigi Kamathi:-Ms. Wanjiru Mwangi for 3rd accused
Court Division:	Criminal
County:	Kiambu
Advocates:	Mr. KashokaGacharia for DPP, Isaac Mureu Waweru:- Ms. Githinji for 1st accused, Joseph Muthotho Wanjiku:- for 2nd accused, Anthony Ngigi Kamathi:-Ms. Wanjiru Mwangi for 3rd accused
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

Case Metadata

Case Number:

Parties:

Republic v Waweru & 2 others

Date Delivered:

03 Nov 2022

Case Class:

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Republic v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)

Advocates:

Mr. KashokaGacharia for DPP, Isaac Mureu Waweru:- Ms. Githinji for 1st accused, Joseph Muthotho Wanjiku:- for 2nd accused, Anthony Ngigi Kamathi:-Ms. Wanjiru Mwangi for 3rd accused

Court Division:

Criminal

County:

Kiambu

Advocates:

Mr. KashokaGacharia for DPP, Isaac Mureu Waweru:- Ms. Githinji for 1st accused, Joseph Muthotho Wanjiku:- for 2nd accused, Anthony Ngigi Kamathi:-Ms. Wanjiru Mwangi for 3rd accused

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 v Waweru & 2 others (Criminal Case E017 of 2022) [2022] KEHC 14652 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14652 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E017 of 2022

MM Kasango, J

November 3, 2022

Between

Republic

Prosecutor

and

Isaac Mureu Waweru

1^st Accused

Joseph Muthotho Wanjiku

2^nd Accused

Anthony Ngigi Kamathi

3^rd Accused

Ruling

1.The above named three accused persons are charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. On 27^th June, 2022 when the charge was read out, the three pleaded not guilty. The date for their trial is yet to be set. Joseph Muthotho Wanjiku the 2^nd accused and Anthony Ngigi the 3^rd accused applied to be released on bail pending the conclusion of their trial. The 1^st accused Isaac Mureu Waweru requested that he be allowed to argue his bail application after his learned counsel has supplied this Court with legal authorities.

2.Article 49(1)(h) of the Constitution provides that accused/suspected person has a right to be released on bond or bail, on reasonable conditions, pending a charge or trial unless thee are compelling reasons not to be released. That constitutional provision signifies how the people of Kenya guaranteed both to the accused/suspects the right to bail and the right to have that bail set at reasonable terms. A case that highlights the right to bail is the case of Ahmed Mohammed Omar & 6 Other [2010] eKLR where the court stated:-“The question of bail is sometimes misunderstood. When a man is accused he is nevertheless still presumed to be innocent and the object of keeping him in custody prior to trial is not on the theory that he is guilty but on the necessity of having him available for trial. It is proper that bail should be granted when the Judge is satisfied that the bail will ensure the accused appearing at his trial.”

3.There being no compelling reasons to deny the accused bail/bond, I grant the following orders:-a.Joseph Muthotho Wanjiku and Anthony Ngigi Kamathi are each released on their own bond of Kshs.2 million with each providing two sureties for similar amount.

RULING DATED and DELIVERED at KIAMBU this 3rd day of NOVEMBER, 2022.MARY KASANGOJUDGECoram:Court Assistant : Mourice/JuliaAccused :- PresentFor 1st accused : - Isaac Mureu Waweru:- Ms. GithinjiFor 2nd accused : - Joseph Muthotho Wanjiku:-For 3rd accused : - Anthony Ngigi Kamathi:-Ms. Wanjiru MwangiFor DPP :- Mr. KashokaGachariaRULING delivered virtuallyMARY KASANGOJUDGE

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