https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8215

Republic v Cheptumo alias Azimio (Criminal Case E006 of 2026) [2026] KEHC 8215 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KEHC 8215 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E006 of 2026 TM Matheka, J May 29, 2026 Between Republic Prosecutor and Evans Cheptirbei Cheptumo Alias Azimio Accused Ruling 1.Evans Cheptirbei Cheptumo alias Azimio is charged with murder contrary to section 203 as read with section 204 of the Penal Code. 2.It is alleged that on 21/2/2026 at Kabarnet Town Baringo Central Sub-County, Baringo County he murdered Irene Yator alias Faith. 3.He denied the charge on 22/4/2026. 4.The prosecution sought for Prebail-report on the issue of bond. A report has been filed by Thamuita E.G Assistant Director PACs Baringo station dated 25/5/2026. 5.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. 6.The pre-bail report also highlights – the relevant circumstances set out under section 123 A of the same code: It states 123A. 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. 7.In this report the greatest issue is the risk to accused’s own safety , failure of compliance with bond terms due to his alcoholic tendencies , he is described as a serious taker of alcohol – there is no likelihood of his interfering with witnesses. 8.His family – is ready to ensure that he attends court as and when required. 9.Article 49(1)(h) of the Constitution spells out that bond will only be denied where there are compelling reasons to do so – there are none in this case. 10.I have noted that the PACs Officer states that they were unable to reach the family of the victim because the chief of Lawan in Baringo North Sub-County did not know her family. 11.This is not ok – the PACs Officer must take every step to reach the family of the victim – there is nothing in the report to show that the PACS officer inquired from the Investigating Officer – just like he did for the accused – any details about the victim – hence – the report is incomplete without the voice of the family of the victim. 12.Taking into account that there are no compelling reasons to deny accused bond – he will be admitted to bond – However the PACs Officer has to file a further report within 14 days hereof with the members of the family of the victim. 13.Bond is set at Ksh.500,000/= with a surety of the same amount. 14.Hearing on 14/7/2026 (8 witnesses). RULING DATED SIGNED AND DELIVERED VIRTUALLY THIS 29TH MAY 2026MUMBUA T MATHEKAJUDGE