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Original judgment

Republic v Wilson Mungai Muhonge

IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO 34 OF 2014 REPUBLIC ………………………………………………… PROSECUTOR VERSUS WILSON MUNGAI MUHONGE……….............…..….…………….ACCUSED RULING 1. This is an application for bail pending trial (notice of motion dated 17/02/2015).The Accused Wilson Mungai Muhonge is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 20/09/2014 at about 8.00 p.m. at Athena Estate within Makongeni area in Kiambu County, he murdered one Milka Waithera Mungai. He pleaded not guilty; his trial is scheduled to start on 16th June 2015. 2. Bail is a constitutional right for any offence. It will be denied only for compelling reason. Any conditions imposed for bail must be reasonable. For all these see Article 49(1) (h) of the Constitution of Kenya, 2010. 3. The Republic has not opposed the Accused’s release on bail. I have read the witness statements supplied to the court and the Accused by the Republic. I find no compelling reason to deny the Accused bail. 4. In the event I will allow the application. The Accused shall be released pending his trial on his own cognizance in the sum of KShs 100,000/00 plus one surety in like sum. It is so ordered. DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF JUNE 2015 H P G WAWERU JUDGE DELIVERED AT MURANG’A THIS 19TH DAY OF JUNE 2015

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