REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MURANG’A CRIMINAL CASE NO 8 OF 2016 REPUBLIC...........................................PROSECUTOR VERSUS JAMES MWANGI MAINA...........................ACCUSED RULING 1. The Accused James Mwangi Maina is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged in the information dated 09/06/2016 that in the night of 21 st and 22nd May 2016 at Gakuya Village, Murarandia Location in Kahuro Sub-County within Murang’a County, he murdered one Zacharia Waiharo Maina. On 22/06/2016 he pleaded not guilty to the charge. His trial commenced on 13/03/2017 and is scheduled to continue on 02/07/2018. He has in the meantime applied by notice of motion dated 06/06/2017 to be admitted to bail. The Republic has no objection. 2. Bail pending trial is now a constitutional right that will be denied only for compelling reason; and any conditions that the court might impose for such bail, again by constitutional edict, must be reasonable. See Article 49(1) (h) of the Constitution of Kenya, 2010. 3. I have read the witness statements and other documents provided to the Accused and the court by the prosecution. I do not find any compelling reason to deny the Accused bail. 4. I will in the circumstances allow the application. The Accused shall be admitted to bail upon his own cognizance in the sum of KShs 300,000/00 and one surety in like sum. It is so ordered. DATED AND SIGNED AT MURANG’A THIS 21ST DAY OF DECEMBER 2017 H P G WAWERU JUDGE DELIVERED AT MURANG’A THIS 22ND DAY OF DECEMBER 2017
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.