REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 14 OF 2019 REPUBLIC........................................................................PROSECUTOR VERSUS JACOB CHESIRO BOIYO.............................1ST ACCUSED PERSON RULING 1. Bail is provided for in Article 49 of the Constitution. Article 49 (h) specifically that an accused 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. [Emphasis mine] 2. In this case the accused person is charged with murder C/s 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. 3. This Honourable Court on 30th January 2019 directed that a Pre-bail report be filed. It is now five months down the line and none has been filed. 4. In the circumstances, I find that no compelling reasons have been shown by the prosecution for which I can deny the accused person bail. 5. I therefore set the bail terms at Kshs. 100,000/= or an alternative bond of Kshs. 200,000/= with a surety of like amount. Dated, signed and delivered in open court this 1st July 2019 F. GIKONYO JUDGE IN PRESENCE OF Thangicia for accused Namiti for state F. GIKONYO JUDGE
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