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Republic v Cecilia (Criminal Case E013 of 2022) [2022] KEHC 17259 (KLR) (7 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 17259 (KLR)
Republic of Kenya
Criminal Case E013 of 2022
SN Mutuku, J
December 7, 2022
Between
Republic
Prosecutor
and
Elizabeth Cecilia
Accused
Ruling
1.Elizabeth Cecilia, the Subject, is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence are that on July 10, 2022 at Kitengela Town in Isinya Sub-County within Kajiado County murdered Frederick Mutali.
2.The Subject pleaded not guilty to the charges.
3.The Subject has approached this court seeking to be admitted to bond/bail pending the hearing and determination of this matter. Her application was not opposed by the prosecution.
4.This court called for a pre-bail report from the probation. I have read the report. It shows that the Subject is aged 17 years having been born in 2005. The report explains the Subject’s social status which I have noted. It also shows that the Subject may not have anyone to stand surety for her.
5.I have taken into account of the contents of the report. Although the family of the Subject would wish to have the Subject released on free bond, this is not suitable in my view. I am alive to the fact that the paramount consideration in bail applications is the attendance to court proceedings of an accused person until the case is fully determined.
6.Given that the application is not opposed, I will allow it and admit the Subject to bail/bond pending the hearing and determination of this case. I set the bond terms as follows:i.The Subject shall execute a bond of Kshs 300,000 with one surety of the same amount.ii.In the alternative, she can pay Kshs 150,000 cash bail.iii.She is cautioned to attend court at all times this matter is pending.iv.She shall not do anything that might compromise the hearing of this case.
7.Orders shall issue accordingly.
DATED, SIGNED AND DELIVERED THIS 7TH DECEMBER, 2022.S. N. MUTUKUJUDGE
