Case ID:168839

Luka Chepkonga Kimuge v Republic [2021] eKLR

Case Metadata

Case Number:

Criminal Appeal E 010 of 2020

Parties:

Luka Chepkonga Kimuge v Republic

Date Delivered:

15 Jan 2021

Case Class:

Criminal

Court:

High Court at Kiambu

Case Action:

Ruling

Judge(s):

Janet Nzilani Mulwa

Citation:

Luka Chepkonga Kimuge v Republic [2021] eKLR

Court Division:

Criminal

County:

Kirinyaga

Case Outcome:

Accused released upon signing a bond of Kshs 350,000/- or, upon

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 KERUGOYA

CRIMINAL APPEAL NO. E 010 OF 2020

LUKA CHEPKONGA KIMUGE....................................................APPLICANT

– VS –

REPUBLIC....................................................................................RESPONDENT

RULING

1. The accused is charged with the offence of Murder Contrary to

Section 203 as read with Section 204 of the Penal Code.

He has applied to be released on bond.

The Prosecution has no compelling reasons to oppose bail.

2. Bail is a Constitutional right to an accused person under

Article 49(1)(h) of the Constitution.

3. If no compelling reasons for the prosecution to oppose such bail, it ought to be granted on reasonable terms. Such terms are dedusable from the nature and seriousness of the offence.

4. The offence of murder is a very serious offence. However, the presumption of innocence of the accused is a factor to be considered by the court in an effort to decide the terms that ought to be attached to the bail/bail if granted. Each case is therefore to be decided upon its peculiar circumstances.

5. I have considered the circumstances under which the offence is alleged to have been committed, and that the Prosecution has no compelling reasons for denial of bail.

I therefore admit the accused to bond/bail on the following terms:

1. He shall be released upon signing a bond of Kshs 350,000/- or, upon

2. Cash bail in the sum of Kshs 250,000/-, being deposited into court.

3. He shall not interfere with witnesses during pendency of the case.

4. He shall attend court as and when required to attend.

Delivered, Dated and Signed at Kerugoya this 15

th

day of January 2021.

J. N. MULWA

JUDGE