The accused person through counsel has moved this court for grant of Bail pending the hearing of this matter under Article 49 (I) (h) of the Constitution of Kenya.
The prosecution in answer to the application through Ms. Njoroge prosecution counsel indicated that they were not opposed to the grant of Bail.
The court appreciates that the right to Bail is a constitutional right and where there are no compelling reasons to deny bail the court should grant the same as a matter of course.
The accused person has a child who is said to be 3 months old and in her company in prison.
The court appreciates that the cardinal principle behind imposition of terms of Bail or Bond is to ensure that the accused persons shall be available to attend court as and when required to do so.
She is not said to be a flight risk and counsel for the accused has informed the court that after arrest she was granted police Bond and when asked to appear before them she did so. It is the conduct of the accused before charge that makes this court believe that she will cooperate throughout the trial and attend court.
It is for a foregoing reason that this court is inclined to grant the accused person a cashbail Ksh. 20,000/= and the accused person shall have a close relative (sister) Irene Moraa who lives in Dandora to sign a bond committing to ensure the accused person attends court and provide her telephone contacts and that of their local chief in Kisii.
The applicant shall not leave Nairobi county without express authority of the investigating officer of this case. She shall be released upon those terms.
It is so ordered.