[2023] KEHC 23157 (KLR)

Republic v Murimi (Criminal Case E026 of 2023) [2023] KEHC 23157 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23157 (KLR)

Republic of Kenya

In the High Court at Kiambu

Criminal Case E026 of 2023

PM Mulwa, J

October 5, 2023

Between

Republic

Prosecution

and

Morris Murimi

Accused

Ruling

1. Morris Murimi, the accused herein was charged with the information of murder contrary to section 203 as read with Section 204 of thePenal Code. Particulars of the information dated August 28, 2023 is that on June 19, 2023 at around Kahawa Sukari in Ruiru Sub-County within Kiambu County, murdered one Margaret Wanjeri.

2. The accused was mentally assessed on August 29, 2023 and found mentally fit to stand trial. He took a plea on September 4, 2023 and pleaded not guilty to the charge of murder.

3. Mr Mwangi, counsel for the Accused prayed for the accused to be released on reasonable bail terms of Article 49(1)(h) of the Constitution and Section 123A of the Penal Code. Counsel stated the accused is a first-time offender and not a flight risk as he has a physical abode. That the accused will not interfere with the witnesses. Counsel emphasised that there are no compelling reasons to deny the accused bail.

4. Mr. Muriuki the state counsel was not opposed to the accused being released on bond but he urged the court to call for a pre-bail report to guide the court.

5. On September 19, 2023 during the bail application hearing, Mr Muriuki informed the court that the investigating officer Patrick Macharia had filed a replying affidavit opposing bail. Counsel left the matter at the discretion of the court.

6. The court has perused the Replying Affidavit sworn on September 14, 2023 by the investigating officer, wherein he avers that the accused is a risk flight having moved from Kahawa Wendani to Thika after the commission of the offence, that the public is still hostile, there is a possibility of witness interference and the accused has no fixed abode.

7. The pre-bail report filed on September 18, 2023, describes the accused as a law-abiding citizen with no previous criminal records. The report does not disclose any compelling reasons to decline the accused bond.

8. I have considered the application and the affidavit opposing bail filed herein. Article 49(1)(h) of the Constitution provides that an arrested person has a right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

9. The accused before this court is assured of a fair hearing and a fair trial. He remains innocent until proven guilty (Article 50 of the Constitution). The onus is on the prosecution to prove there are compelling reasons to deny the accused bail.

10. According to the investigating officer, accused fled from his home and relocated to Thika and was arrested at TRM. This court has noted the incident happened at Kahawa Wendani, which is not far from TRM the alleged place where the accused was arrested. The accused has been within the locality to the scene of the incident. The assertions that the accused is a flight risk and that society is craving for his blood have not been properly proved.

11. Where the reasons presented by the prosecution are not forceful and convincing as to make the court feel strongly that the accused should not be released on bond, he is entitled to be released on bail/bond on reasonable terms.

12. The Investigating officer has completed his investigations and a committal bundle served upon the accused counsel. The likelihood of interfering with the witnesses is almost nil.

13. It is my considered view, therefore, that the prosecution has not presented compelling reasons to warrant the denial of bail/bond to the accused herein.

14. In reaching its decision, this court has found guidance from the Judiciary’s Bail and Bond Policy Guidelines, March 2015 - clause 4. 26.

15. Taking into consideration that the right to bail is not absolute, as it may be denied where compelling reasons not to grant bail exist, and the failure of the prosecution to exhibit any compelling reasons, the accused is hereby released on bond pending trial on the following terms:i.The accused is admitted to a bond of kshs. 500,000/= with a surety of a similar amount.ii.The accused is warned from interfering with the witnesses in the case herein.

16It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF OCTOBER 2023. …………………………..………………P.M. MULWAJUDGEIN THE PRESENCE OF:KINYUA/DUALE – COURT ASSISTANTMR. GACHARIA – FOR STATEMR. MWANGI - FOR ACCUSEDACCUSED - PRESENT