[2023] KEHC 20484 (KLR)
The court found that there were no compelling reasons to deny the accused bond. The prebail report indicated that the victim's family, who are close relatives of the accused, were not opposed to his release on bond and were even willing to stand surety for him. The local administration also deferred to the wishes of...
Source-derived case information.
- Citation
- [2023] KEHC 20484 (KLR)
- Parties
- Respondent: Republic; Accused: Cyrus Kipkosgei Elijah
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail and Bond, Prebail Report, Compelling Reasons, Victim Family Sentiment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Cyrus Kipkosgei Elijah
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bond in a murder case.
- 2 Whether the sentiments of the victim's family and local administration affect the grant of bond.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bond. The prebail report indicated that the victim's family, who are close relatives of the accused, were not opposed to his release on bond and were even willing to stand surety for him. The local administration also deferred to the wishes of the family. The State did not oppose the bond application. In the absence of any evidence of risk of flight, interference with witnesses, or threat to public order, the constitutional right to bond prevailed. The court therefore granted the accused bond on specified terms.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on bond of Kshs 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Elijah (Criminal Case E012 of 2023) [2023] KEHC 20484 (KLR) (18 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20484 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Case E012 of 2023
RB Ngetich, J
July 18, 2023
Between
Republic
Respondent
and
Cyrus Kipkosgei Elijah
Accused
Ruling
1. The accused Cyrus Kipkosgei Elijah has been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. Particulars are that on May 23, 2023 at unknown time at Kiling’ot village, Kaptum Sub-Location, Ossen Location in Baringo North Sub-County within Baringo County murdered Meshack Kiprotich.
2. The charge and its full particulars were read over to the accused on June 14, 2023. He denied the charge and its particulars. The State Counsel informed the court that they are not opposed to bond. The court called for prebail report to assist the court to know sentiments of victim’s family and Local Administration before determining bond terms.
3. Prebail report was filed on July 14, 2023. From the report, the deceased was accused’s nephew. The victim’s family indicate that they have dismissed the matter as a family and are not opposed to accused being granted bond. They said after emotions have cooled down, the family will stand surety for him. The Local Administration indicate that they will go as per wishes of the victim’s family.
4. In view of the above, there are no compelling reasons to deny accused bond and will set bond terms as hereunder.
Final Orders:-Accused may be released on bond of Kshs 500,000/= with one surety of a similar amount.
RULING delivered, dated and signed in Open Court atKabarnetThis 18th Day ofJuly 2023. …………….……………………RACHEL NGETICHJUDGEIn the presence of:Mr Kemboi - Court Assistant.Ms Kogo for the Accused.Accused present.Ms Ratemo for State.2| 2 Page