The High Court will on June 17 rule on the bail application by Naftali Kinuthia pending hearing of the case in which he is accused of murdering Moi University medical student Ivy Wangechi.
Justice Stephen Githinji made the ruling on Monday after hearing the application by Kinuthia through his lawyer Mbiu Kamau. It was postponed from May 9.
Kinuthia is accused of murdering Wangechi in Eldoret on March 9. He wants his case to proceed while he is out on bail.
The DPP’s office and the victim's family's lawyers have, however, opposed the application, arguing that he may interfere with witnesses or run away.
But Kamau told Githinji that bail is a right enshrined in the Constitution and it can not be denied unless there are compelling reasons to do so.
“The onus of giving the compelling reason to deny bail to the accused lies with the prosecution," Kamau said.
He said Kinuthia qualifies for bail and that he should be presumed innocent until proven guilty.
“He can only be denied bail if he admits to being guilty, the court finds him guilty or the Constitution is amended to provide for denial of bail,” the lawyer said, terming the grounds advanced by the prosecution as flimsy.
The accused person had undertaken to appear in court as directed and was willing to abide by terms as the court may deem fit and just to indicate, Kamau said.
He further argued that the prosecution had not demonstrated that the accused may not attend court or is a flight risk.
The prosecution through Banife Kigali from the DPP’s office argued that there were compelling reasons to deny bail to the accused.
“The court should balance the right of the accused person and interest of justice and that the court must consider public interest,” Kigali said.
Investigating officer Corporal Joseph Langat of DCI was hard pressed by Kamau to defend his affidavit in which he claimed that the accused would be at risk if released and he may also interfere with witnesses.
Lawyers of the victim's family said the offence was of capital nature and the severity of the sentence should not be ignored in granting bail to the accused.
(Edited by R.Wamochie)
