Two police officers charged with killing businesswoman at City Park in May have been granted bail pending hearing and determination of the case.
High court Justice Stella Mutuku released the two, William Chirchir, and Godfrey Kirui on a 700,000 cash bail each.
“Each accused may deposit each cash bail of 700,000 shillings with the registrar of this court” ordered judge Mutuku.
In the ruling, Justice Mutuku also ordered the accused to alternatively be released on a bond of 2 million of each.
“Each accused shall execute a bond of Kenya shillings 2 million with two sureties of Kenya of 1 million each” ruled Mutuku.
The accused were cautioned against doing certain acts that may interfere , intimidate or threaten witnesses or in any manner to compromise a fair trial.
They shall also attend court at all times when required to do so until the case is heard full and determined.
Judge Mutuku said an arrested person has a right to be released on bail or bond on reasonable conditions unless there are compelling reasons.
The judge observed prosecution concerns that the accused persons may interfere with witnesses or abscond but said their apprehension was not backed by persuasive evidence to find a compelling reasons to deny bail.
The She noted that the rights of the victims must be taken into account by ensuring that an accused person faces the trial for the acts he is said to have committed.
“An arrested person has the right to be released on bail or bond on reasonable conditions unless there are compelling reasons,” the judge said.
Prosecution had opposed their release on bail saying they were likely going to interfere with witnesses.
State prosecutor Catherine Mwaniki had told Court that they wanted to secure evidence of key witnesses which she said could only be done in an enabling environment where witnesses can testify without fear.
Further the judge directed the file to be placed before Jessie Lesiit on September 19th this year.
The two officers have denied killing Janet Waiyaki on May 20.
The two were presented by lawyer Ham Lagat and Felix Kiprono who welcomed the court ruling.
Mr Ham said the ruling is a good jurisprudence in the criminal law.
