Case ID:168225

Simon Ngotho Muchina & George Muraya v

Republic [2020] eKLR

Case Metadata

Case Number:

Criminal Case 87 of 2016

Parties:

Simon Ngotho Muchina & George Muraya v Republic

Date Delivered:

18 Dec 2020

Case Class:

Criminal

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Simon Ngotho Muchina & George Muraya v

Republic [2020] eKLR

Advocates:

For both Accused - Mr. Munene

For the State - Mr. Kasyoka

Court Division:

Employment and Labour Relations

County:

Kiambu

Advocates:

For both Accused - Mr. Munene

For the State - Mr. Kasyoka

History Advocates:

Both Parties Represented

Case Outcome:

Notice of Motion dismissed

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 KIAMBU

CRIMINAL CASE NO 87 OF 2016

SIMON NGOTHO MUCHINA........... 1

ST

ACCUSED

GEORGE MURAYA.....2

ND

ACCUSED/APPLICANT

VERSUS

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

R U L I N G

1. The 2

nd

Accused

George Muraya

is charged, together with his co-accused

Simon Ngotho Muchina

, with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. They both pleaded not guilty and although their trial commenced as far as March 2019 it has not yet concluded. The prosecution has yet to close its case.

2. Before court is the Notice of Motion dated 1

st

July 2020 filed by George Muraya, the 2

nd

Accused. The 2

nd

Accused seeks to be released on bail pending trial. The second Accused has stated in that application that he has a right to bail as provided under

Article 49 1(h) of the Constitution

. There is before court a probation report which is favourable to the 2

nd

Accused being granted bail. The 2

nd

Accused has family members who also support his release on bail. Similarly, the victim’s family are not averse to 2nd Accused being granted bail.

3. Although the 2

nd

Accused has made the present application in my perusal of the court file I found that both Accused were granted bail on 15

th

May 2015. The court then stated this in its Ruling of that date:

“I find no compelling reason to deny the Accused persons (both Accused) bail. They will each be admitted to bail upon their own cognizance in the sum of KSh.100,000 and one surety in like sum.”

4. Both Accused having been granted bail in the above terms there is no basis to consider the 2

nd

Accused’s application.

5. Accordingly Notice of Motion dated 1

st

July 2020 is for those reasons dismissed

.

SIGNED AND DELIVERED VIRTUALLY THIS 18

TH

DAY OF DECEMBER 2020.

MARY KASANGO

JUDGE

18

th

December 2020

Before Justice Mary Kasango

C/A - Kevin.

First Accused – No appearance

Second accused - Present

For both Accused - Mr. Munene

For the State - Mr. Kasyoka

C

OURT

Ruling virtually delivered in their presence.

MARY KASANGO

JUDGE