[2025] KEHC 2320 (KLR)
The court considered the favourable Pre-Bail Report and the Prosecution's lack of objection to bond. While acknowledging the accused's humble background, the court emphasized its duty to consider the seriousness of the charge, which carries a maximum sentence of death, and the rights of the complainant as protected...
Source-derived case information.
- Citation
- [2025] KEHC 2320 (KLR)
- Parties
- Applicant: Republic; Defendant: Joshua Kiprotich Chebii
- Court
- High Court
- Court Station
- High Court at Iten
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bond Application and Hearing Date
- Outcome
- Accused granted bond with conditions; hearing date rescheduled.
- Judges
- E Ominde
- Legal Topics
- Bail and Bond, Pre Bail Report, Victims Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joshua Kiprotich Chebii
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application and Hearing Date
Legal Issues
- 1 Whether the accused should be released on bond pending trial.
- 2 What are the appropriate and fair bond terms given the seriousness of the charge and the accused's background.
- 3 Whether the rights of the complainant have been adequately considered in setting bond terms.
Ratio Decidendi
The court considered the favourable Pre-Bail Report and the Prosecution's lack of objection to bond. While acknowledging the accused's humble background, the court emphasized its duty to consider the seriousness of the charge, which carries a maximum sentence of death, and the rights of the complainant as protected by law. The court determined that bond must be both fair and reasonable, not unduly lenient, and set the bond at KES 500,000 with one surety of the same amount. The court also directed that the committal bundle be supplied to the defence within 14 days and vacated the previously set hearing date, fixing a new date for hearing.
Court Disposition
Accused granted bond with conditions; hearing date rescheduled.
Orders
- Accused to be released on a personal bond of KES 500,000 with one surety of the same amount.
- Committal bundle to be supplied to the defence within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Chebii (Criminal Case E022 of 2024) [2025] KEHC 2320 (KLR) (6 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2320 (KLR)
Republic of Kenya
In the High Court at Iten
Criminal Case E022 of 2024
E Ominde, J
February 6, 2025
Between
Republic
Prosecutor
and
Joshua Kiprotich Chebii
Accused
Ruling
1. On the mention date of 6th February 2025, the Prosecution stated to Court that the mention was to confirm the filing of the Pre Bail Report which she confirmed had been filed. She stated that the same was favourable and the Prosecution had no objection to the accused being released on bond. She asked that the date of 8th April already fixed for hearing be confirmed.
2. Mr. Tarigo for the accused prayed that the bond terms be very lenient for reasons that the accused comes from a very humble background. They also prayed that they be supplied with the committal bundles. The Court then Ruled as follows;
3. The Court does not sit on the 2nd week of the month in Iten and so the hearing date of 8th Aprill 2025 must have been given in error. The same is therefore vacated and the hearing now fixed for 6th May 2025.
4. Given that the Pre-Bail Report is favourable and the Prosecution is not opposed to Bond, Counsel prays for lenient bond for reasons that the accused comes from a very humble background. That may be so but the Court is also duty bound to take into account the fact that the charge is serious and the maximum sentence is the death penalty.
5. Further that there is also a complainant who has rights that needs to be protected and affirmed as provided under Article 50 (9) of the Constitution and the Victim’s Protection Act.
6. The bond must therefore not only be fair, but also reasonable. For these reasons the accused is to be released on a Personal Bond of Ks. 500,000/- with one similar surety of the same amount. A copy of the committal bundle is to be availed to the defence within the next 14 days.
READ, DATED AND SIGNED AT ITEN ON 6THFEBRUARY 2025E. OMINDEJUDGE