The bail ruling on an application filed by Naftali Kinuthia, the sole suspect in the gruesome murder of Moi University student Ivy Wangechi, will be delivered on June 17.
This is following a Monday ruling delivered by Eldoret High Court Justice Samuel Githinji.
Kinuthia, accused of murdering Ivy outside the Moi Teaching and Referral Hospital (MTRH), wants his case to proceed while he is out on bail.
Slain Ivy’s family and the prosecution is opposed to the release of the suspect, on grounds that he’ll tamper with crucial evidence in the case.
However, during the hearing of the application, which had earlier on been postponed, the suspects’s lawyer Kamau Mbui told the court 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 insisted that the suspect is 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 prosecution said they’ve compelling evidence to deny Kinuthia bail.
“The court should balance the right of the accused person and interest of justice and that the court must consider public interest,” the prosecution argued through their lawyers.
Authorities have lined up 10 witnesses to testify against Kinuthia in the murder case.
According to the police, the 10 include boda boda riders as well as her former colleagues at the Moi Referral Hospital, who witnessed the gruesome murder.
It is reported that his parents as well as Ivy’s parents are also set to testify in court against the suspect.
Ivy was laid to rest at her parent’s rural home on April 18 in Othaya, Nyeri County.