[2021] KEHC 2209 (KLR)
The court found that there were no compelling reasons to deny the 1st accused more lenient bail terms. The court exercised its discretion to review the bond terms, granting the 1st accused release on personal bond of Kshs. 100,000, secured by his mother and uncle as sureties. The court imposed conditions to ensure...
Source-derived case information.
- Citation
- [2021] KEHC 2209 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Kipyegon Bett; Defendant: Daniel Kipterer Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 55 of 2018
- Procedural Posture
- Criminal Case / Bail Review Ruling
- Outcome
- Bond terms for the 1st accused reviewed and varied; personal bond granted with conditions.
- Judges
- NA Matheka
- Legal Topics
- Bail Review, Bond Terms, Pretrial Release, Court Supervision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Kipyegon Bett
Defendant
Daniel Kipterer Langat
Defendant
Procedural Posture
Criminal Case / Bail Review Ruling
Legal Issues
- 1 Whether the bond terms for the 1st accused should be reviewed and varied.
- 2 What conditions should be imposed to ensure the accused attends court as required.
Ratio Decidendi
The court found that there were no compelling reasons to deny the 1st accused more lenient bail terms. The court exercised its discretion to review the bond terms, granting the 1st accused release on personal bond of Kshs. 100,000, secured by his mother and uncle as sureties. The court imposed conditions to ensure the accused's attendance at trial, including regular check-ins with the Probation and After Care Services and provision of identification and contact details by the sureties. The court emphasized the importance of compliance with these conditions, warning that failure would result in the issuance of a warrant of arrest.
Court Disposition
Bond terms for the 1st accused reviewed and varied; personal bond granted with conditions.
Orders
- The 1st accused is released on personal bond of Kshs. 100,000 to be secured by his mother Stella Cherono and uncle Geoffrey Kiprotich Korir.
- Each surety to present to the Deputy Registrar their identity card, full photo, letter from their chief, and contacts.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 55 OF 2018
REPUBLIC............................................................................ODPP
VERSUS
EVANS KIPYEGON BETT.................................1ST ACCUSED
DANIEL KIPTERER LANGAT........................2ND ACCUSED
R U L I N G - (ON BAIL REVIEW)
1. Accused 1 bond terms are reviewed as follows;
He is released on Personal Bond of Kshs. 100,000/= to be secured by his mother Stella Cherono and Uncle Geoffrey Kiprotich Korir as indicated in the Bail Review Report.
2. Each will present to the Deputy Registrar
1. Identity Card
2. Full photo
3. Letter from their chief
4. Contacts
3. Both will ensure that accused person attends court as and when required.
4. Accused person to be under bail supervision by Probation and After Care Services Nakuru, whereby every 25th day of the month till the determination of this case he will check in with the Probation Officer through mobile phone or as is required by the Probation Officer. In default the Probation Officer to inform the court for Warrant of Arrest to Issue.
5. This order be served on Probation and After Care Services Nakuru for compliance.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF NOVEMBER, 2021.
Mumbua T. Matheka
Judge
In the presence of:
Edna Court Assistant
Ms Murunga for state
Accused 1 present
Mr. Ochang for accused 1 N/A