kehc-2019-05016

REPUBLIC OF KENYA HIGH COURT AT NAIROBI CRIMINAL CASE NO. 12 OF 2018 LESIIT, J REPUBLIC..............................................PROSECUTOR VERSUS JOSEPH MWANGI GITHINJI.....................ACCUSED RULING ON BAIL 1. The accused was arraigned in court on 23 rd February, 2018 facing one count of murder contrary to Section 203 of the Penal Code. Plea was not taken until 16th February, 2018 due to delay in having the Mental Assessment done. 2. The accused has applied to be released on bail. 3. The State through Learned Prosecution Counsel Ms. Onunga indicated that the State was not opposing bail. Counsel urged that the accused be made to make an undertaking that upon his release he will not interfere with witnesses and especially the minor witness in the case and further that he should undertake that he will attend court. Learned Prosecution Counsel sought that the court be informed where the accused fixed place of abode was. 4. Mr. Muchiri for the accused in oral submission urged that the accused has been in custody since February, 2018. Counsel urged that the accused had a fixed abode in Nairobi where he intends to live with his sister. He urged that the accused was committed to appear in court when required and promised not to interfere with witnesses. 5. I have considered the application by the defence. I have considered the undertakings made by the defence counsel on behalf of his client including his commitment to attend court, his pledge not to interfere with witnesses including the witness who is a minor. 6. The primary consideration in an application for bail is whether or not the accused person will turn up for his trial. Given the prosecution’s submission, this issue is not part of their concern. There is no worry of accused absconding, fleeing or failing to turn up for his trial. That leaves the court to consider the other minor issues which arise in this case. 7. The prosecution’s concern is about interference with witnesses and accused place of abode. For the first issue raised by the prosecution, the court can impose conditions to reduce any insentive to interfere with the witnesses. 8. As for the second issue of the accused place of abode the accused can be required to give specific particulars of his place of abode and also his place of business. 9. I have come to the conclusion that the accused should be granted bail on reasonable terms. 10. This court will grant bail on the following terms and also require proper and better particulars as follows: (1) The accused may be released on a cash bail in the sum of KShs.200,000/=. (2) In the alternative the accused may be released on bond in the sum of KShs.500,000/= with one surety of like sum. (3) The accused should provide better particulars of his actual place of abode and also place of his business to the Deputy Registrar. (4) The accused is warned not to interfere with any of the witnesses in this case in the form of covert or overt action whether

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