Garissa Officer Commanding Station (OCS), Michael Munyalo, has been released by Garissa High Court on one million shillings bond and two sureties of the same amount.
Munyalo, who appeared before Justice Abida Aroni, pleaded not guilty to murder charges against him.
The OCS is being charged with the murder of 28-year-old, Morris Kimathi, on May 16 at Garissa Township during a shooting incident in a bar brawl.
The Defence Counsel, Mercy Mutemi, had urged the Court to release the accused on Bail.
“The accused is a family man and has served this nation well. I pray that this Court considers releasing him on Bail because it is a constitutional right for the accused to be granted Bail,” Mutemi said.
“He will honour all court sessions when required without fail,” she added.
The prosecution led by Job Muhati had opposed the Bail terming the accused as a security threat to both himself and the public.
Muhati told the Court that the public had held demonstrations to call for his arrest and would likely hold more demonstrations if he was released on Bail.
However, the Judge said that those were not compelling reasons to deny the accused Bail.
“Bail is a constitutional right and can only be denied on exceptional circumstances. Security of all citizens and residents of Kenya is a matter of state’s concern and one in my view cannot be denied Bail because his life is in danger,” Justice Aroni said.
“Should it be the case, it is expected that the State should secure the accused,” she noted.
Justice Aroni noted that demonstrations by public or public anger cannot be the reason to deny one Bail.
She said that demonstrations must be peaceful, lawful and any demonstration that interferes with peace and lives of others should not be allowed.
“The accused is undergoing a legal process that must be allowed to take its course for justice to be done. I will admit the accused to a Bail of Sh1 million with two sureties of the like sum,” she said.
Munyalo had been detained at Madogo Police Station for police to complete investigations.
The case will be heard on 7th October , 2021.
By Erick Kyalo
