The High Court in Eldoret has denied bail to Naftali Kinuthia who is accused of murdering Moi University medical student Ivy Wangechi.
Justice Stephen Githinji ruled that there were compelling reasons to deny bail, mainly for his own safety and the possibility that he may interfere with evidence if released. He also is a flight risk, the court said.
Githinji said the accused had common friends with the deceased and is well known to university students and other Kenyans due to media coverage of the case, hence, the best way to keep him safe is in custody.
The judge also noted many Kenyans were monitoring the case and agreed with the prosecution that releasing the suspect may undermine public confidence in the Judiciary.
“In such a situation, releasing the suspect may even be equated with an acquittal and tempt other members of the public to take the law into their own hands,” Githinji ruled.
He said murder is a capital offence and Kinuthia might be a flight risk.
Githinji said although Kinuthia's parents were known to have a home in Gatanga in Muranga county, Kinuthia himself lived in a house in Nairobi which he does not own and he does not have a wife or children.
There is, thus, nothing to stop the accused from absconding, the judge said.
Naftali has denied murdering Wangechi. He allegedly armed himself with an axe and a knife and attacked her as she walked just outside the Moi Teaching and Referral Hospital. She is said to have rejected his advances.
Githinji said although bail was a right enshrined in the Constitution, the right to bail was not absolute especially if compelling reasons are availed.
Githinji directed that the matter be mentioned on July 17 to set a hearing date.
(Edited by R.Wamochie
