REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL NO 1 OF 2020
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
1. ALEX MURIITHI
2. VIVIAN KANANA KARIUKI.........................................................ACCUSED
RULING ON BAIL
1. The two Accused herein, ALEX MURIITHI and VIVIAN KANANA KARIUKI, are charged with murder contrary to sections 203 and 204 of the Penal Code. It is alleged in the information dated 15/01/2020 that in the night of 29th and 30th December, 2019 at Kangaita in Buuri Sub-County within Meru County, jointly with others not before the court, they murdered one JOHN LOMOI.
2. On 22/01/2020 the Accused pleaded not guilty to the charge. Because of the current Coronavirus (COVID-19) pandemic in the country the case has not yet been given a date for trial. In the meantime the Accused have asserted their constitutional right to bail pending trial. The Republic has no objection.
3. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any condition that the court might impose for such bail, again by constitutional dictate, must be reasonable. For all that see Article 49(1) (h) of the Constitution of Kenya, 2020.
4. I have perused through the witness statements and other documents, copies of which were supplied to the Accused and to court by the prosecution. I can find therein no compelling reason to deny the Accused their constitutional right. I will admit them to bail.
5. Each Accused shall be released upon his/her personal cognizance in the sum of KShs 300,000/00 plus one surety in the same sum. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 29TH DAY OF SEPTEMBER 2020
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 8TH DAY OF OCTOBER 2020