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Republic v Kariuki (Criminal Case E014 of 2022) [2022] KEHC 15674 (KLR) (17 November 2022) (Ruling)
Neutral citation:
[2022] KEHC 15674 (KLR)
Republic of Kenya
Criminal Case E014 of 2022
RB Ngetich, J
November 17, 2022
Between
Republic
Prosecution
and
David Thungu Kariuki
Accused
Ruling
1.The accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal code. The particulars are that on 27th March 2022 Munyu area in Gatuanyaga Ward in Thika East sub–County within Kiambu County murdered Virginia Mwongeli Njuguna.
2.The charge and particulars were read over and explained to the accused on 27th June 2022. He pleaded not guilty and a plea of not guilty was entered. Mr. Olieti counsel for the accused applied for accused to be released on reasonable bond/bail terms.
3.The state counsel Mr. Gacharia informed the court that they are not opposed to accused being released on bond but urged the court to call for a pre-bail report before the court sets the bail terms.
4.Pre-bail report was filed on 4th October 2022. The report describes the accused as a social consumer of alcohol and a father of three (3) children and further indicates that the accused is aware of the seriousness of the offence he is charged with and that his children are in need of his care and guidance.
5.The accused’s family is of the view that if reasonable bail terms are given, the accused will be able to attend to his child during the trial and intend to deposit title deed as security. The victim’s family is opposed to the accused being released on bond. They are apprehensive justice will not be served if the accused is released and they allege the interference of witnesses by the accused.
6.The pre-bail report filed does not raise any compelling reasons to deny the accused person bond. The family of the accused commit to ensure that the accused attend court if released on bond. From the report, the victim was the wife of the accused. They had three (3) children. Two from the victim’s previous marriage.
7.Article 49(1) (h) of the Constitution 2010 gives an arrested person right to be released on bond or bail on reasonable conditions pending a charge or trial, unless there are compelling reasons. No compelling reasons have been advanced to warrant denying accused bond. I therefore see no reason to deny accused bond.
Final order:-
8.The 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 17TH DAY OF NOVEMBER, 2022.………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantAccused- PresentMr. Kasyoka for State
