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Raphael Muoki Kalungu v. Republic

(2021) JELR 93183 (CA)

Court of Appeal  •  Criminal Application 3 of 2020  •  19 Feb 2021  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Fatuma sichale

Judgement

RULING OF THE COURT

The applicant faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code in the High Court, where he is accused that between 6th and 7th July, 2014, along Mombasa Road, within Nairobi County, jointly with others not before the court, he caused the death of Mary Waruguru Maina.

After pleading not guilty to these charges, he applied to be released on bond pending trial. The court, (Kimaru, J.) considered the application but dismissed it being satisfied that the prosecution had established compelling reasons against releasing the applicant on bond.

Subsequently, the trial commenced before Wakiaga, J. and by the time the ruling giving rise to this application was rendered, 20 prosecution witnesses had testified and the applicant put on his defence. At this stage, the applicant renewed his application for bond.

The learned Judge who understood the application before him to be one to review the aforesaid order of Kimaru, J. rejected it by a r…

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