High Court 5536 of 2013

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 49 OF 2013 REPUBLIC ………………………………………………………………………PROSECUTOR VRS PIUS MWITI MUTHEE ………………………………………..............…………..….ACCUSED RULING Mr. Mbogo, Advocate for the accused has applied for bail for the accused pending his trial. He submitted that the accused was not a flight risk, and that he was young, with a young family and was an Associate Pastor. Mr. Mbogo urged that the accused had been arrested while grieving his son who died not long ago. Mr. Makori, learned State Counsel, in his one sentence response said that he was not opposing the application. I have considered the application. I have also considered the Pre-Bail Report graciously filed on my request by the Probation Department. This Report confirms that the accused is a family man, and that he is a man with a gainful employment and known place of abode. It is shown that he is not a risk to anyone and is unlikely to jump bail. There is a veiled threat by the husband of the deceased, who is accused paternal uncle that accused security will not be guaranteed if he is released on bail before trial. That threat cannot prevent the court from granting bail as same can be dealt with in accordance to the law. I have considered principles court must apply in an application for bail as set out in the case of Ng’ang’a vs Republic 1985 KLR 451 where Hon. Chesoni J, as he then was held: “ 1. The Court, in exercising its discretion to grant bail to an accused person under Section 123 (1) or (3) of the Criminal Procedure Code (Cap 75),should consider the following factors: a. In principle, because of the presumption that a person charged with a criminal offence is innocent until his guilt is proved, an accused person who has not been tried should be granted bail unless it is shown by the prosecution that there are substantial grounds for believing that: i. The accused will fail to turn up at his trial or to surrender to custody;

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