[2023] KEHC 21323 (KLR)
The court found that the accused had absconded after the alleged offense and was only apprehended two years later in a different location. The Probation Bail Report was negative and corroborated by the accused's family, confirming the risk of flight. The court concluded that releasing the accused on bail would...
Source-derived case information.
- Citation
- [2023] KEHC 21323 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Yatich Barkwang
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied; accused to remain in custody pending trial.
- Judges
- CM Kariuki
- Legal Topics
- Murder Charge, Bail Application, Flight Risk, Probation Bail Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Peter Yatich Barkwang
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be released on bail pending trial.
- 2 Whether the accused poses a flight risk if released on bail.
Ratio Decidendi
The court found that the accused had absconded after the alleged offense and was only apprehended two years later in a different location. The Probation Bail Report was negative and corroborated by the accused's family, confirming the risk of flight. The court concluded that releasing the accused on bail would jeopardize his appearance at trial, and therefore, bail was denied to ensure the accused stands trial.
Court Disposition
Bail denied; accused to remain in custody pending trial.
Orders
- The accused shall be tried while in custody.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Barkwang (Criminal Case E005 of 2023) [2023] KEHC 21323 (KLR) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21323 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E005 of 2023
CM Kariuki, J
July 31, 2023
Between
Republic
Prosecutor
and
Peter Yatich Barkwang
Accused
Ruling
1. The accused is charged with murder, where he is said to have murdered Ann Wanja on 26th May 2021 at Manguo Sub-Location in Nyahururu Sub-County within Laikipia County.
2. He pleaded not guilty to the offense, and he, via his Advocate, sought to be released on bond. The Prosecution opposed the application and cited that after an incident in May 2021, he ran away into hiding until 2023, when he was arrested in his hideout in Subukia, thus describing him as a flight risk.
3. I have perused the Probation Bail Report (PBR) and statements on the background of the incident, and I found that the Accused is a flight risk and a fact even corroborated by his family.
4. Thus, the Probation Bail Report (PBR) is negative.
5. I find the accused may never appear in court for trial if released on bail; thus, he will be tried while in custody.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 31ST DAY OF JULY 2023. .................................CHARLES KARIUKIJUDGE