Republic v Mwangi (Criminal Case E018 of 2022) [2022] KEHC 16012 (KLR) (1 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16012 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E018 of 2022

MM Kasango, J

December 1, 2022

Between

Republic

Prosecutor

and

David Wahome Mwangi

Accused

Ruling

1.David Wahome Mwangi is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. He pleaded not guilty. He applied to be released on bond/bail pending the conclusion of his trial.

2.Bail is a constitutional right which is only restricted by compelling reasons why bail should not be granted Article 49(1)(h) of the Constitution provides:-'An arrested person has the right:-(h)To be released on bond or bail, conditions, pending a charge or trial, unless there are compelling reasons not to be released.'

3.Further, the bail and bond policy guideline provides:'The presumption of innocence dictates that accused persons should be released on bail or bond whenever possible. The presumption of innocence also means that pretrial detention should not constitute punishment, and the fact that accused persons are not convicts should be reflected in their treatment and management. For example, accused persons should not be subject to the same rules and regulations as convicts.'

4.The seriousness of the offence is also a consideration in bail application. In the case Republic Vs Sabit Mamuour Deng & Another (2020) eKLR the court stated thus:-'Thus, in Watoro vs Republic [1991] KLR 220, it was held thus:The seriousness of the offence in terms of the sentence likely to follow a conviction has been held repeatedly to be a consideration in exercising discretion. If the presumption of innocence were to be applied in full, there would never be a remand in custody the seriousness of the offence has a clear bearing which the court ought to bear in mind on the factors influencing the mind of an accused facing a charge in respect of the offence as to whether it would be a good thing to skip or not, and such a possibility is not out of question: it has happened before, and in similar cases the presumption of innocence cannot rule out consideration of the seriousness of the offence and the sentence which would follow on conviction.'

5.I have considered the pre-bail probation report. It is positive for the release of the accused. There are no compelling reasons brought forth which can lead accused to be denied bail. Accordingly, the accused will be released on terms.

Disposition

6.The order of this Court in respect to the application for bail/bond is that David Wahome Mwangi is ordered to be released from custody pending his trial on his own bond of Kshs 500,000 and one surety of similar amount.

RULING DATED and DELIVERED at KIAMBU this 1st day of DECEMBER, 2022.MARY KASANGOJUDGEIn the presence ofCoram:Court Assistant : Mourice/JuliaAccused David Wahome Mwangi :- presentFor accused : - Mr. Gakunju:- presentFor State :- Mr. GacgariaRULING delivered virtually.MARY KASANGOJUDGE

1.	Watoro v Republic [1991] KEHC 18 (KLR) Explained	10 citations
2.	Republic v Sabit Mamuor Deng & another [2020] KEHC 3033 (KLR) Explained	4 citations

Republic v Mwangi (Criminal Case E018 of 2022) [2022] KEHC 16012 (KLR) (1 December 2022) (Ruling)

Republic v Mwangi (Criminal Case E018 of 2022) [2022] KEHC 16012 (KLR) (1 December 2022) (Ruling)

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