REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI CRIMINAL CASE NO. 18 OF 2018 JOHN MUTHUI MUTAMBU.............ACCUSED/APPLICANT VERSUS REPUBLIC...............................PROSECUTOR/RESPONDENT RULING 1. John Muthui Mutambu, the Accused/Applicant, is charged with the offence of Murder. He seeks to be released on bail pending trial. 2. The Application is premised on grounds that: he is a responsible family man with a fixed abode which he will not leave until the case is heard and determined; he is ready to be reporting to the Investigation Officer if need be and there are no threats to his life. 3. In response, the Respondent/State is not opposed to the Application, the basis being that there are no compelling reasons requiring him being denied bond. 4. Bail is a constitutional right. An individual can only be incarcerated during pendency of trial if there are compelling reasons that are nonexistent in the present case. Therefore, I grant the Applicant/Accused bond of Kshs. 500,000/= and a surety of a similar sum. 5. It is so ordered. Dated, Signed and Delivered at Kitui this 8th day of May, 2019. L. N. MUTENDE JUDGE
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