[2020] KEHC 3630 (KLR)
The court found that the pre-bail reports for the 3rd and 4th accused persons were similar to those of the 1st and 2nd accused, for whom bail had already been granted. No compelling reasons were presented to justify denial of bail. Therefore, the 3rd and 4th accused were entitled to bail on the same terms as the 1st...
Source-derived case information.
- Citation
- [2020] KEHC 3630 (KLR)
- Parties
- Applicant: Republic; Defendant: Julius Kipyegon Bii; Defendant: Aron Kiprono Koech; Defendant: Ambrose Kiprotich; Defendant: Peter Kipkorir Bii
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2019
- Procedural Posture
- Criminal Case / Bail Ruling
- Outcome
- Bail granted to the 3rd and 4th accused persons on the same terms as the 1st and 2nd accused.
- Judges
- AN Ongeri
- Legal Topics
- Bail Application, Compelling Reasons, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Julius Kipyegon Bii
Defendant
Aron Kiprono Koech
Defendant
Ambrose Kiprotich
Defendant
Peter Kipkorir Bii
Defendant
Procedural Posture
Criminal Case / Bail Ruling
Legal Issues
- 1 Whether there are compelling reasons to deny bail to the 3rd and 4th accused persons.
- 2 Whether the 3rd and 4th accused persons should be granted bail on the same terms as the 1st and 2nd accused.
Ratio Decidendi
The court found that the pre-bail reports for the 3rd and 4th accused persons were similar to those of the 1st and 2nd accused, for whom bail had already been granted. No compelling reasons were presented to justify denial of bail. Therefore, the 3rd and 4th accused were entitled to bail on the same terms as the 1st and 2nd accused. The court emphasized the constitutional right to bail unless compelling reasons are shown and imposed conditions to ensure attendance and non-interference with witnesses.
Court Disposition
Bail granted to the 3rd and 4th accused persons on the same terms as the 1st and 2nd accused.
Orders
- Each of the 3rd and 4th accused persons may be released on a bond of KES 400,000 with one surety of similar amount.
- Alternatively, each may be released on payment of cash bail of KES 200,000.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO.22 OF 2019
REPUBLIC.................................PROSECUTOR
VERSUS
JULIUS KIPYEGON BII.............1ST ACCUSED
ARON KIPRONO KOECH........2ND ACCUSED
AMBROSE KIPROTICH............3RD ACCUSED
PETER KIPKORIR BII...............4TH ACCUSED
RULING
1. This court delivered a ruling dated 2/3/2020 in respect of bail for the 1st and 2nd accused persons in this case. At that time, the 3rd & 4th accused persons were still at large.
2. The court found that there were no compelling reasons for denial of bail in the circumstances of this case.
3. I have perused the pre-bail reports filed in respect of 3rd and 4th accused and I find that they are the same as those tabled in respect of 1st and 2nd accused persons.
4. I accordingly grant the 3rd and 4th accused persons bail in the same terms as granted to the 1st and 2nd accused as follows:
i. Each of the two accused persons may be released on a bond of kshs.400,000/- with one surety of similar amount.
ii. In the alternative, each may be released on payment of cash bail of kshs.200,000/-.
iii. The accused persons should not interfere with witnesses.
iv. The accused persons are directed to attend court at every mention and hearing.
Judgment delivered dated and signed this 6th day of August 2020.
A. N. ONGERI
JUDGE