Case ID:180259

Republic v Joseph Njogu Mwangi [2021] eKLR

Case Metadata

Case Number:

Criminal Case 19 of 2016

Parties:

Republic v Joseph Njogu Mwangi

Date Delivered:

29 Jul 2021

Case Class:

Criminal

Court:

High Court at Murang'a

Case Action:

Ruling

Judge(s):

Kanyi Kimondo

Citation:

Republic v Joseph Njogu Mwangi [2021] eKLR

Advocates:

Mr. J. Kagwi for the Accused

Mr. S. Mutinda for the State

Court Division:

Criminal

County:

Bomet

Advocates:

Mr. J. Kagwi for the Accused

Mr. S. Mutinda for the State

History Advocates:

Both Parties Represented

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 MURANG’A

CRIMINAL CASE NO. 19 OF 2016

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

VERSUS

JOSEPH NJOGU MWANGI..........................ACCUSED

RULING

1. The accused prays for

bail

pending trial. The application is contained in the notice of motion dated 28

th

February 2018.

2. The motion is

not

contested by the Republic.

3. The accused is charged for the

murder

of Edward Muriithi Mburia on 1

st

September 2016 at Mukuyu Market within Murang’a County. He has been in custody since 14

th

September 2016. Due to a myriad of reasons, his trial has not commenced.

4. The accused is deemed innocent at this juncture. Under

Articles 49 (1) (h)

and

50

of the

Constitution

, he has a right to bail

unless

there are

compelling

circumstances.

5. Furthermore, the overarching objective of bail is to ensure the accused

attends

his trial.

Muraguri v Republic

[1989] KLR 181.

6. I find that there are no compelling grounds for denial of bail. The accused may be released upon execution of a bond in the sum of Kshs 300,000 together with

one

surety of a similar amount. The surety shall be examined and approved by the Deputy Registrar of this Court.

7. I attach two conditions for his release: Firstly, he shall not have any contact with witnesses. Secondly, he must attend all mentions or hearings of this case. In default of any of those conditions, his bond shall stand cancelled; and, the surety shall be called to account.

It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 29

th

day of July 2021.

KANYI KIMONDO

JUDGE

Ruling read in open court in the presence of-

The accused.

Mr. J. Kagwi for the accused.

Mr. S. Mutinda for the Republic.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.