Republic v Mwangi (Criminal Case E018 of 2022)  KEHC 16012 (KLR) (1 December 2022) (Ruling)
Neutral citation:  KEHC 16012 (KLR)
Republic of Kenya
Criminal Case E018 of 2022
MM Kasango, J
December 1, 2022
David Wahome Mwangi
1.David Wahome Mwangi is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty. He applied to be released on bond/bail pending the conclusion of his trial.
2.Bail is a constitutional right which is only restricted by compelling reasons why bail should not be granted Article 49(1)(h) of the Constitution provides:-
3.Further, the bail and bond policy guideline provides:
4.The seriousness of the offence is also a consideration in bail application. In the case Republic Vs Sabit Mamuour Deng & Another (2020) eKLR the court stated thus:-
5.I have considered the pre-bail probation report. It is positive for the release of the accused. There are no compelling reasons brought forth which can lead accused to be denied bail. Accordingly, the accused will be released on terms.
DispositionRULING DATED and DELIVERED at KIAMBU this 1st day of DECEMBER, 2022.MARY KASANGOJUDGEIn the presence ofCoram:Court Assistant : Mourice/JuliaAccused David Wahome Mwangi :- presentFor accused : - Mr. Gakunju:- presentFor State :- Mr. GacgariaRULING delivered virtually.MARY KASANGOJUDGE
6.The order of this Court in respect to the application for bail/bond is that David Wahome Mwangi is ordered to be released from custody pending his trial on his own bond of Kshs 500,000 and one surety of similar amount.