Republic v Lukusi Lesingiran

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI CRIMINAL CASE NO. 30 OF 2011 REPUBLIC................................................ STATE COUNSEL VERSUS LUKUSI LESINGIRAN........................ ACCUSED PERSON RULING 1. The accused was first brought to court on 17/10/2011 before the Deputy Registrar and on 31/10/2011 the same appeared before me when it was deferred to 31/10/2011 for the accused to undergo mental assessment. On 30/1/2012 plea taking was deferred since the Mr. Muthui Kimani Advocate for the accused was not present. 2. On 7/2/2012 plea taking was once again deferred since there was no interpretor available to the 21/3/2012 and again to the 18/7/2012. On 23/7/2012 the accused pleaded not guilty to the charges herein and the same has been in custody since that time. 3. On 3/2/14 the court ordered for a prebail report to be filed on behalf of the accused person to assist the court in determining the bond terms and conditions since the state through Mr. Njure did not file any affidavit. 4. Bond now is a constitutional right of any accused persons and can only be denied if there are compelling reasons advanced by the prosecution. However the court must take note that the aim of bond is to secure the attendance of the accused person during his trial. 5. I would therefore grant to the accused person bond pending trial upon the following terms;a) Bond of Kshs.500,000/- with three sureties of similar amount. b) During the period of his trial the accused person to attend mention before the Deputy Registrar of this court once after every 30 days at a date to be set by the same Deputy Registrar. c) The accused person shall not leave the jurisdiction of this court without obtaining written consent of the Deputy Registrar of this court. Dated and delivered at Nyeri this 27th day of June 2014. J. WAKIAGA JUDGE

page 1 of 2