Automated Summary
Key Facts
Grace Anne Wanjiru was charged with murder under Sections 203 and 204 of the Penal Code for the death of her brother, Nicholas Waweru Kinyanjui, on July 7, 2019, in Lari village, Gatundu North, Kiambu County. She pleaded not guilty on December 20, 2021, and the court granted her bond of Kshs.1m with a similar surety. Her mother, who is also the mother of the victim, offered to stand surety using a jointly owned title deed and committed to ensuring Wanjiru's court attendance. The probation report noted Wanjiru is a 40-year-old single mother of four children, with the youngest being 1½ years old, and the victim’s family could not be contacted for the report.
Issues
The court considered the accused's bail application, noting her status as a single mother with four children, the prosecutor's non-opposition to bail, and her mother's willingness to provide a surety. The ruling concluded that no compelling reasons existed to deny bail.
Holdings
The court determined that there were no compelling reasons to deny the accused bond. The accused was released on a bond of Kshs.1 million with one surety of a similar amount, as the State was not opposed and her mother was willing to stand surety and ensure court attendance.
Remedies
Accused released on bond of Kshs.1m with one surety of a similar amount.
Legal Principles
The court applied the principle that no compelling reasons were advanced to deny the accused bond, relying on the prosecutor's non-opposition and the mother's willingness to stand surety.
Cited Statute
Penal Code
Judge Name
Rachel Ngetich
Passage Text
- I see no reason to deny accused bond. The accused to be released on bond of Kshs.1m with one surety of a similar amount.
- I have perused the probation officer's report. The report indicate that the accused aged 40 years is a single mother of 4 children, the oldest being in Form 3 and the youngest being one and half (1½) years old.
- The accused, GRACE ANNE WANJIRU was charged with the offence of murder contrary to Section 203 of as read with Section 204 of the Penal Code. Particulars are that on 7th July, 2019 at around 4.30 pm at Lari village Githobokoni Location in Gatundu North sub-county in Kiambu Kiambu County, she murdered Nicholas Waweru Kinyanjui.