Republic v Joseph Kirimi & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 25 OF 2010 REPUBLIC...................................................PROSECUTOR VERSUS JOSEPH KIRIMI...........................................1ST ACCUSED ZACHARY KARUNGU.................................2ND ACCUSED NICHOLAS KIBAARA.................................3RD ACCUSED DAVID KIMATHI UHURU.............................4TH ACCUSED. RULING 1. The 5th Accused is charged with murder contrary to section 203 of the Penal Code, alongside four others.The other four co accused were granted bail on 17 th October 2012.That was one year two months before the arrest of the 5th accused. 2. Mr. M. Mwenda urged court to grant the 5th accused bond preferably on same terms as his co accused as there was no reason to deny him bail. 3. Mr. Mungai has urged court to deny the 5th accused bail citing his delayed arrest and enjoinment in this case was as a result of having gone underground. 4. I have considered this application and oral submissions by both counsels to the case. 5. There is no affidavit by the State in response to the application for bail for the 5 th accused.The prosecution counsel’s submission that the 5th accused went into hiding after the offence is a mere statement from the bar. It ought to have been under oath in order to give the 5th accused notice so as to respond if necessary.In absence of any such averment under oath, that statement remains a mere allegation. 6. It could have been a material consideration had the state put it on oath.This is because likelihood accused may not show up for his trial is a good and compelling ground to deny the accused bail. 7. I see no compelling reason to deny accused bail. I will grant him similar terms as his co accused which is. a. Accused may be released on a cash bail of Ksh.250,000/-.

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