[2022] KEHC 16201 (KLR)
The court found that the prosecution had not provided any compelling reasons to warrant denial of bond to the accused. The pre-bail report indicated that both the victim's and accused's families did not oppose release, and there was no evidence of risk to the accused or the community. The court concluded that the...
Source-derived case information.
- Citation
- [2022] KEHC 16201 (KLR)
- Parties
- Applicant: Republic; Defendant: Emmanuel Kipkirui Chirchir
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E026 of 2022
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted_with_conditions
- Judges
- RL Korir
- Legal Topics
- Bail Application, Murder Charge, Compelling Reasons, Pre Bail Report, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emmanuel Kipkirui Chirchir
Defendant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether the accused is entitled to bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Article 49(1)(h) of the Constitution.
Ratio Decidendi
The court found that the prosecution had not provided any compelling reasons to warrant denial of bond to the accused. The pre-bail report indicated that both the victim's and accused's families did not oppose release, and there was no evidence of risk to the accused or the community. The court concluded that the constitutional right to bail should be upheld in the absence of compelling reasons to the contrary, and therefore granted bail with conditions to ensure the accused's attendance at trial.
Court Disposition
bail_granted_with_conditions
Orders
- The accused is released on bond of Kshs 300,000 with one surety of similar amount.
- The accused shall attend court whenever required.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Chirchir (Criminal Case E026 of 2022) [2022] KEHC 16201 (KLR) (8 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16201 (KLR)
Republic of Kenya
In the High Court at Bomet
Criminal Case E026 of 2022
RL Korir, J
December 8, 2022
Between
Republic
State
and
Emmanuel Kipkirui Chirchir
Accused
Ruling
1. The accused Emmanuel Kipkirui Chirchir is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He is alleged to have murdered Gilbert Kipsigei Langat on October 19, 2022 at Muguliet village in Kapkimolwa location within Bomet County.
2. The accused took plea on November 10, 2022 and denied the charge. His counsel Mr Kenduiwo made an application for bail and requested that a pre-bail report be filed to aid the court in setting the bond terms. The report was filed in court on November 25, 2022.
3. When the matter came up for pre-trial on November 28, 2022 defence counsel urged the court to release the accused on bail. He submitted that the pre-bail report was favourable. That both the family of the victim and that of the accused had no objection to his release. Counsel urged the court to give effect to article 49 (1)(h) of the Constitution as there were no compelling reasons.
4. Mr Njeru, the learned prosecution, counsel while not opposing the application, urged the court to impose conditions that will ensure the accused’s attendance at his trial.
5. Article 49 (1)(h) of the Constitution provides:-“An arrested person has the right to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released”.
6. It is the duty of the prosecution to demonstrate to the court the existence of any compelling reasons. (see R v Danson Mgunya and another [2010] eKLR)
7. In this case the prosecution has not provided any reasons to warrant denial of bond. I have also looked at the pre-bail report. According to the report both the victims and the relatives of the accused stated that they doubted that the accused was the person who murdered the deceased as the two were very close friends. They called for more investigations stating that the accused faced no danger from the community at all.They were not opposed to the accused being released.
8. Having taken all factors into consideration, I am inclined to grant the accused bond. He is released on condition that:-(i)He executes a bond of Kshs 300,000 and provides one surety of similar amount.(ii)He shall attend court whenever required.
9. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 8TH DAY OF DECEMBER, 2022. .........................R LAGAT-KORIRJUDGERuling delivered in the presence of Mr Kenduiwo for the Accused, Mr Suter holding brief Mr Njeru for State, and Kiprotich (Court Assistant)