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Republic v Lotiang (Criminal Case E033 of 2021) [2022] KEHC 16592 (KLR) (15 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16592 (KLR)
Republic of Kenya
Criminal Case E033 of 2021
RB Ngetich, J
December 15, 2022
Between
Republic
Prosecution
and
Denis Logurume Lotiang
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 of the offence are that on May 16, 2021 at the Kinoo area within Kikuyu Sub-County in Kiambu county, he murdered Lonah Akiru Ekai.
2.The charge and its particulars were read out to the accused on October 6, 2022. He pleaded not guilty and plea of not guilty was entered. Mr Mukuria urged the court to release the accused on reasonable bail terms.
3.The state Counsel Mr. Gacharia opposed the application to release the accused on bail/bond and informed the court that there were compelling reasons to deny the accused bail. He urged the court to call for a pre-bail report. The court called for a plea bail report.
4.When the matter came up for mention on November 29, 2022, the pre-bail report was not filed. Mr Mukuria counsel for the accused pointed out that the accused has been remanded in custody since 2021 and urged the court to release the accused on reasonable bail terms. He informed the court that the accused has suffered from mental illness while in custody.
5.Article 49(1)(h) of the Constitution 2010 provides that every accused person has a constitutional right to be released on reasonable bail terms pending trial unless there are compelling reasons to deny bond.
6.The prosecution only indicated that there are compelling reasons however no affidavit was filed in support of the averments. While considering bond terms, the court has to be minded of the fact that an accused person is presumed innocent unless proven guilty as per Article 50 of the Constitution.
7.From the investigating report, the accused is alleged to have travelled from Nyahururu to Kinoo, killed his estranged wife, before he surrendered himself to the Kikuyu Police Station on May 17, 2021.
8.Counsel for the Accused has indicated to the court that the accused has suffered mental illness while in custody.
9.In view of the fact that no compelling reasons have been advanced to deny accused bond; and considering his mental state as indicated by his Advocate, I am inclined to allow bond application.
Final Orders:
RULING delivered, dated and signed virtually at KiambuThis 15th day of December, 2022.………………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua/Martin – Court AssistantsMr. Kasyoka for StateAccused - PresentNo appearance for accused
10.Accused may be released on a bond of kshs. 500,000/= with a surety of a similar amount.
