[2020] KEHC 1209 (KLR)
The court found that the accused is entitled to a review of bond terms if sufficient reason is demonstrated. The probation report, while not detailing the financial ability of the accused's family, indicated their willingness to stand surety and noted the absence of hostility between the accused's and deceased's...
Source-derived case information.
- Citation
- [2020] KEHC 1209 (KLR)
- Parties
- Respondent: Republic; Applicant: Bernard Cheruiyot Korir
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bail Review Application
- Outcome
- bond terms reviewed and reduced
- Legal Topics
- Bail Review, Murder Charge, Bond Terms, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Bernard Cheruiyot Korir
Applicant
Procedural Posture
Criminal Case / Ruling on Bail Review Application
Legal Issues
- 1 Whether the accused is entitled to a review of bond terms pending trial.
- 2 Whether the accused's socio-economic circumstances justify a reduction of the bond amount.
Ratio Decidendi
The court found that the accused is entitled to a review of bond terms if sufficient reason is demonstrated. The probation report, while not detailing the financial ability of the accused's family, indicated their willingness to stand surety and noted the absence of hostility between the accused's and deceased's families. The report was favourable to the accused, and there was no evidence that releasing him on reduced bond would impede the trial or pose a risk to witnesses. Accordingly, the court exercised its discretion to reduce the bond from Kshs.300,000 to Kshs.200,000 with one surety of a similar amount, subject to the accused not interfering with witnesses or the trial process.
Court Disposition
bond terms reviewed and reduced
Orders
- Bond terms reduced from Kshs.300,000 to Kshs.200,000 with one surety of similar amount.
- The accused is directed not to interfere with witnesses or impede the trial in any way.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 6 OF 2020
REPUBLIC...............................................................................................................DPP
VERSUS
BERNARD CHERUIYOT KORIR.............................................................ACCUSED
RULING ON BAIL
1. The Accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are on the 21st day of March, 2020, at Kabolwo Village in Chepalungu Sub – County within Bomet County murdered Josiah Kipkorir Lang’at.
2. The Accused took plea on 16th June,2020 before Ongeri J and denied the charge. On the same date, Mr. Nyadimo his defence counsel made an oral application for the accused to be released on bail pending trial. The application was allowed and the accused granted bond of three hundred thousand (Kshs.300,000/=). When the matter came up before me on 26th October, 2020, Mr Kenduiwo for the Accused sought a review of the bond stating that the Accused could not afford the bond granted.
3. The review application was opposed by the prosecution. Mr. Waweru submitted that nothing had been placed before the court to demonstrate that the accused had made an attempt to meet the bond terms. In order to get a view of the Accused’s socio economic circumstances, the court directed that a social inquiry report be filed. The same was filed on 10th November, 2020.
4. I have considered the review application. I must state that in matters of bond, the accused is entitled to such a review where there is sufficient reason. The probation report sets out the circumstances of the offence and says nothing about the ability or otherwise of the accused’s parents or guardians to raise the set bond. The report however states the willingness of the parents to stand surety for him. It also indicates that the Accused’s family has reached out to the Deceased’s family to attempt reconciliation and that therefore there was no hostility on the ground. In sum, the report is favourable to the Accused. I affirm his right to bond and reduce the bond terms from Kshs.300,000/= to Kshs.200,000/= with one surety of similar amount. In addition, the Accused is directed not to interfere with witnesses or impede the trial in any way.
5. Orders accordingly.
Sentence delivered, dated and signed this 3rd day of December, 2020.
..........................
R. LAGAT-KORIR
JUDGE
Sentence delivered in the presence of the Accused, Defence Counsel Mr Kenduiwo, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).