[2022] KEHC 1025 (KLR)
The court found that neither the prosecution nor the defence had presented any compelling reason to deny the accused bail. The probation officer's report was favourable, and the family of the deceased, who was the accused's father, did not oppose the release on bail. In the absence of compelling reasons, the court...
Source-derived case information.
- Citation
- [2022] KEHC 1025 (KLR)
- Parties
- Respondent: Republic; Applicant: Gilbert Koskei
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2021
- Procedural Posture
- Criminal Case / Bail Application Ruling
- Outcome
- bail_granted
- Legal Topics
- Bail Application, Compelling Reasons, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gilbert Koskei
Applicant
Procedural Posture
Criminal Case / Bail Application Ruling
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bail.
- 2 What are the appropriate bond terms for the accused.
Ratio Decidendi
The court found that neither the prosecution nor the defence had presented any compelling reason to deny the accused bail. The probation officer's report was favourable, and the family of the deceased, who was the accused's father, did not oppose the release on bail. In the absence of compelling reasons, the court exercised its discretion to grant bail, subject to reasonable conditions to ensure the accused's attendance at trial and the protection of witnesses.
Court Disposition
bail_granted
Orders
- The accused shall execute a personal bond of Kshs. 300,000 and provide two sureties of similar amount.
- He shall keep the peace and not commit any other offence or intimidate witnesses directly or indirectly.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL CASE NO.E017 OF 2021
REPUBLIC......................................................................PROSECUTOR
VERSUS
GILBERT KOSKEI...............................................................ACCUSED
RULING
1. Gilbert Koskei (Accused) is facing trial for the murder of one Kipkirui Arap Chepkwony whom he is alleged to have murdered on 8th September, 2021 at Chemamul Village, within township location in Bomet County.
2. The accused took plea on 23rd September,2021 and denied the charge. His defence Counsel asked for a probation officer’s Bail assessment report to aid in his bail application and the setting of appropriate bond terms by the court. The report was duly filed on 11th November,2021.
3. The application was urged on 22nd March, 2022. Mr. Leteipa asked the court to grant reasonable bond terms as there were no compelling reasons to warrant denial of bail. Mr. Muriithi for the state submitted that the report was favourable to the accused and left the matter to the discretion of the court.
4. I have considered the application. Both the defence and prosecution have not shown the court any compelling reason to deny the applicant bond. The probation report further states that the deceased in the case was the accused’s father but that the family was not opposed to his release or bail.
5. There being no compelling reason, I grant the applicant bail on the following conditions: -
(i) The accused shall execute a personal bond of Kshs. 300,000/= and provide two sureties of similar amount.
(ii) He shall keep the peace and not commit any other offence or intimidate witnesses directly or indirectly.
(iii) He shall attend court whenever required.
6. Orders accordingly
RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 29TH DAY OF MARCH, 2022.
..................................
R. LAGAT-KORIR
JUDGE
RULING DELIVERED IN THE PRESENCE OF MR. MURIITHI FOR THE STATE, MR. LETEIPA HOLDING BRIEF FOR MR. MEREBU FOR THE ACCUSED AND KIPROTICH (COURT ASSISTANT)