Case ID:167729

Republic v Flora Nduta Maina [2020] eKLR

Case Metadata

Case Number:

Criminal Case 8 of 2020

Parties:

Republic v Flora Nduta Maina

Date Delivered:

10 Dec 2020

Case Class:

Criminal

Court:

High Court at Nanyuki

Case Action:

Ruling

Judge(s):

Hatari Peter George Waweru

Citation:

Republic v Flora Nduta Maina [2020] eKLR

Court Division:

Criminal

County:

Laikipia

Case Outcome:

Application allowed.

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 OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

CRIMINAL CASE NO 8 OF 2020

REPUBLIC.................................................................................PROSECUTOR

VERSUS

FLORA NDUTA MAINA...................................................................ACCUSED

RULING ON BAIL

1.

The Accused herein,

FLORA NDUTA MAINA

, is charged with

murder

contrary to

sections 203

&

204

of the

Penal Code

. It is alleged in the information dated 12/08/2020 that in the night of 19/01/2020 at Mureru area in

Kieni East Sub-County

within

Nyeri County

she murdered one

SHELMITH WAMUYU NGARE.

2.

On 07/12/2020 the Accused pleaded not guilty to the charge. Her trial is scheduled to start on 01/02/2021. In the meantime she has asserted her constitutional right to bail pending that trial. The Republic does not oppose bail.

3.

Bail pending trial is now a constitutional right for all criminal offences, and it will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional edict, must be reasonable. For all that see

Article 49(1) (h)

of the

Constitution of Kenya, 2010

.

4.

I have perused the witness statements and documentary evidence, copies of which were supplied by the prosecution to the Accused and to court. I have not found therein any compelling reason to deny the Accused her constitutional right to bail pending trial. The only thing remaining is to impose such reasonable conditions as would ensure that she attends court as and when required for her trial.

5.

Consequently the Accused shall be admitted to bail upon her own cognizance in the sum of KShs 500,000/00, plus two (2) sureties in like sum. It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 9

TH

DAY OF DECEMBER 2020

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 10

TH

DAY OF DECEMBER 2020