[2014] KEHC 5819 (KLR)
The court found that there was no evidence presented to show that the accused had interfered with witnesses or breached any of the bond terms previously set. The pre-bail report did not substantiate the prosecution's allegations, and the concerns raised by the victim's family and community, while understandable, did...
Source-derived case information.
- Citation
- [2014] KEHC 5819 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Chepkwony Kibet
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2013
- Procedural Posture
- Criminal Case / Ruling on Application to Cancel Bail/bond Pending Trial
- Outcome
- Application to cancel bail/bond dismissed; accused's bond terms reinstated.
- Legal Topics
- Bail and Bond, Witness Interference, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elijah Chepkwony Kibet
Defendant
Procedural Posture
Criminal Case / Ruling on Application to Cancel Bail/bond Pending Trial
Legal Issues
- 1 Whether the accused should have his bail/bond cancelled due to alleged interference with witnesses.
- 2 Whether there is evidence that the accused breached any bond terms.
Ratio Decidendi
The court found that there was no evidence presented to show that the accused had interfered with witnesses or breached any of the bond terms previously set. The pre-bail report did not substantiate the prosecution's allegations, and the concerns raised by the victim's family and community, while understandable, did not amount to compelling reasons to cancel bail. The court emphasized the constitutional right to bail and the presumption of innocence, holding that mere suspicion or community discomfort, without concrete evidence of wrongdoing by the accused, could not justify the cancellation of bail. Accordingly, the court reinstated the accused's bond terms as previously granted.
Court Disposition
Application to cancel bail/bond dismissed; accused's bond terms reinstated.
Orders
- The accused's bond terms granted on 8th July 2013 are hereby reinstated.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.26 OF 2013
REPUBLIC - PROSECUTOR
VERSUS
ELIJAH CHEPKOWNY KIBET - ACCUSED
RULING
Elijah Chepkwony Kibet, is before this court to face a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on 16th June 2013 at Makitem Village in Bureti District within Kericho County, it is alleged he murdered Gilbert Kipng’eno Bett. The case is yet to be heard. On 8th July 2013, the accused was released on bail/bond pending trial under Article 49 (1) (h) of the Constitution.
On 27th March 2014 Mr. Lopokoiyit, learned Prosecution counsel applied to have the accused’s bond/bail to be cancelled because it was alleged he had begun to interfere with witnesses. This court was prompted to suspend the accused’s bond and called for a pre-bail report to be filed to establish the veracity of the prosecution’s allegations. I have looked at the Probation report filed by the Probation Officer Bureti. The report shows that the victims family were shocked that the accused was released on bond too soon after he was arrested and charged. The deceased appears to have bought land from the accused’s brother and whenever they went to till the land they feel insecure especially when the accused is within the vicinity. It is said no reconciliation efforts have been made to reconcile the affected families. It is said that the accused has past criminal records and that the community is not comfortable if the accused is released on bond. There is a report that tension is high at home hence the accused may not be safe.
After a careful consideration of the pre-bail report, there is no evidence that the accused has interfered with witnesses. There is also no evidence that he has breached any terms of the bond terms. I also acknowledge the fact that the victim’s family are bound to be bitter for the loss of their loved one and particularly when there are no efforts made to reconcile the affected families. I hereby re-instate the accused’s bond terms given on 8th July 2013.
Dated, signed and delivered in open court this 4th day of April, 2014.
J. K. SERGON
JUDGE
In the presence of:
Miss. Kivali for Director of Public Prosecutions
N/A for Accused