https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8280

Republic v Chepkor (Criminal Case E005 of 2026) [2026] KEHC 8280 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KEHC 8280 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E005 of 2026 TM Matheka, J May 29, 2026 Between Republic Prosecutor and Samson Chepkor Accused Ruling 1.SAMSON CHEPKOR is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 5/2/2026 at Kabarnet Town, Baringo Central Sub-County, Baringo County he murdered Wilson Kiptui. 2.He denied the charge on 22/4/2026. 3.The prosecution did not oppose bond, but sought a pre-bail report on the issue of bond. A report has been filed by Thamuita E.G Assistant Director PACs Baringo station dated 25/5/2026. 4.The pre-bail report is a social inquiry report to assist the court to comply with sections – 123(2) of the Criminal Procedure Code – which requires that bail shall be fixed with due regard to the circumstances of the case, and shall not be excessive.The pre-bail report also highlights – the relevant circumstances set out under section 123 A of the same code: It states123A.Exception to right to bail(1)Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—(a)the nature or seriousness of the offence;(b)the character, antecedents, associations and community ties of the accused person;(c)the defendant's record in respect of the fulfillment of obligations under previous grants of bail; and;(d)the strength of the evidence of his having committed the offence;(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—(a)has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody; (b) should be kept in custody for his own protection. 5.The report filed by Ms. J.K Amunga points the picture of victims who believe that the accused person’s place is in prison custody because he killed then kin. 6.However, they need to understand that until the accused is found guilty of the offence of murder contrary to section 203 as read with section 204 of the Penal Code he is presumed innocent - and unless there are compelling reasons – as required by Article 49(1)(h) of the Constitution the accused person is entitled to bond. 7.Bond terms are required to be reasonable and not to technically incarcerate the accused person. 8.In this case – I have considered the report. There is no likelihood of accused interfering with witnesses/absconding. 9.The accused person is admitted to bond of Kshs. 300,000/- with a surety of the same amount. RULING DATED SIGNED AND DELIVERED VIRTUALLY THIS 29TH MAY 2026MUMBUA T MATHEKAJUDGE