John Muindi Kamau alias Rasta & 1 other v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 18 OF 2017 JOHN MUINDI KAMAU alias RASTA...1ST ACCUSED/APPLICANT TITUS KAMAU MUINDI.........................2ND ACCUSED/APPLICANT VERSUS REPUBLIC..........................................................................RESPONDENT RULING 1. John Muindi Kamau alias Rasta and Titus Kamau Muindi are charged with the offence of Murder. They seek to be released on bail pending trial on reasonable terms. 2. The application is premised on grounds that they denied the information read to them, they are Kenyan Citizens hence entitled to bail. 3. In affidavits in support of the application they demonstrated that detaining them was in violation of their constitutional rights and stated further that they have no intention of relocating to another country. 4. In response the Prosecution Counsel called upon the Court to be minded of the seriousness of the offence and hence impose stringent terms. 5. Principles upon which an Accused is released on bond pending trial are stipulated in Article 49(1)(h) of the Constitution that provides thus: “(1) An arrested person has the right— (h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.” 6. Bail pending trial is a constitutional right and since there are no compelling reasons why the Accuseds/Applicants should be incarcerated, each Accused/Applicant is hereby granted bail of Two (2) Million Shillings (Kshs. 2,000,000/=) with a surety of similar sum. 7. It is so ordered. Dated, Signed and Delivered at Kitui this 26th day of September, 2018. L. N. MUTENDE JUDGE