[2022] KEHC 1238 (KLR)
The court found that there were no compelling reasons to deny the 2nd Accused person bond. The pre-bail report was favorable, indicating that the 2nd Accused is not a flight risk and that both his family and the deceased's family do not oppose his release. The Constitution guarantees the right to bond unless...
Source-derived case information.
- Citation
- [2022] KEHC 1238 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Steve Kipkorir; Defendant: Moses Kibet Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2019
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Application for bond by the 2nd Accused is allowed.
- Judges
- AN Ongeri
- Legal Topics
- Bail and Bond, Presumption of Innocence, Compelling Reasons for Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bernard Steve Kipkorir
Defendant
Moses Kibet Ruto
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether the 2nd Accused person should be released on reasonable bond pending trial.
- 2 Whether there are compelling reasons to deny the 2nd Accused person bond.
Ratio Decidendi
The court found that there were no compelling reasons to deny the 2nd Accused person bond. The pre-bail report was favorable, indicating that the 2nd Accused is not a flight risk and that both his family and the deceased's family do not oppose his release. The Constitution guarantees the right to bond unless compelling reasons are shown, and none were presented. Therefore, the 2nd Accused is entitled to be released on bond with reasonable conditions.
Court Disposition
Application for bond by the 2nd Accused is allowed.
Orders
- The 2nd Accused, Moses Kibet Ruto, is released on bond of Kshs.300,000 with one surety of similar amount.
- The hearing of the case is set for 14/6/2022.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.9 OF 2019
REPUBLIC............................................................PROSECUTOR
VERSUS
BERNARD STEVE KIPKORIR.........................1ST ACCUSED
MOSES KIBET RUTO......................................2ND ACCUSED
RULING
1. The Application coming for consideration in this ruling is the one dated 1/2/2022 seeking for orders that the 2nd Accused person be released on reasonable bond.
2. The Application is supported by the Affidavit of MOSES KIBET RUTO, the 2nd Accused person herein in which he has deposed that he has not applied for bond since he was charged in court.
3. The 2nd Accused person further deposed that he was charged alongside the 1st Accused person BENARD STEVE KIPKORIR whose bond was denied in a ruling delivered on 29/5/2020 for reasons that he had threatened his sisters.
4. The Probation Officer filed a Pre – bail Report in respect of the 2nd Accused person dated 18/2/2022 in which he gave details of the 2nd Accused person’s social background.
5. The Report is favourable as it states that the 2nd Accused person is not considered a flight risk and further that both the family of the 2nd Accused person and the deceased are not opposed to the 2nd Accused being released on bond.
6. I find that there are no compelling reasons to warrant this court to deny the 2nd Accused person bond.
7. Article 49 (i) of the Constitution of Kenya 2010 provides as follows;
(1) An arrested person has a right –
(h)to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
8. In the current case, I find that there are no compelling reasons to warrant the 2nd Accused person not to be granted bond.
9. Every Accused person is presumed innocent until found guilty. For that reason I direct the 2nd Accused be released on bond of Kshs.300,000/= with one surety of similar amount.
10. The hearing of this case will be on 14/6/2022.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH, 2022.
A. N. ONGERI
JUDGE