[2023] KEHC 207 (KLR)
The court found that, although all accused persons have a constitutional right to bail, the pre-bail reports classified the 1st to 4th accused as potential flight risks. The court also considered the risk to the accused from public hostility if released. Balancing these factors, the court denied bail to the 1st to...
Source-derived case information.
- Citation
- [2023] KEHC 207 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Michori Kebwaro; Defendant: Kevin Omondi Otieno; Defendant: Josphat Simiyu Juma; Defendant: Julius Omondi Otieno; Defendant: Dennis Alusiola Mmbolo; Defendant: Isaac Kinyanjui Nganga
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E039. E040. E041, E042 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail denied for 1st to 4th accused; bail granted for 5th and 6th accused with conditions.
- Judges
- HK Chemitei
- Legal Topics
- Bail Application, Murder Charge, Flight Risk Assessment, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Michori Kebwaro
Defendant
Kevin Omondi Otieno
Defendant
Josphat Simiyu Juma
Defendant
Julius Omondi Otieno
Defendant
Dennis Alusiola Mmbolo
Defendant
Isaac Kinyanjui Nganga
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be granted bail pending trial for the offence of murder.
- 2 Whether the accused pose a flight risk or risk to public safety if released on bail.
- 3 Whether the constitutional right to bail is outweighed by the interests of justice in this case.
Ratio Decidendi
The court found that, although all accused persons have a constitutional right to bail, the pre-bail reports classified the 1st to 4th accused as potential flight risks. The court also considered the risk to the accused from public hostility if released. Balancing these factors, the court denied bail to the 1st to 4th accused but granted bail to the 5th and 6th accused, who were not classified as flight risks, on strict conditions including a bond of KES 2,000,000 with a surety of similar amount, non-interference with witnesses, and regular reporting to the DCI. The decision was based on the need to safeguard the interests of justice and public safety while upholding constitutional rights...
Court Disposition
Bail denied for 1st to 4th accused; bail granted for 5th and 6th accused with conditions.
Orders
- Bail applications for Evans Michori Kebwaro, Kevin Omondi Otieno, Josphat Simiyu Juma, and Julius Omondi Otieno are denied.
- Dennis Alusiola Mmbolo and Isaac Kinyanjui Nganga are each released on a bond of KES 2,000,000 with a surety of similar amount.
Full Case Text
Judgment text and source record
35 paragraphs
Republic v Kebwaro & 5 others (Criminal Case E039. E040. E041, E042 of 2022) [2023] KEHC 207 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEHC 207 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E039. E040. E041, E042 of 2022
HK Chemitei, J
January 25, 2023
Between
Republic
Prosecution
and
Evans Michori Kebwaro
1st Accused
Kevin Omondi Otieno
2nd Accused
Josphat Simiyu Juma
3rd Accused
Julius Omondi Otieno
4th Accused
Dennis Alusiola Mmbolo
5th Accused
Isaac Kinyanjui Nganga
6th Accused
Ruling
1. The accused persons were all charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal code. The victims were Beatrice Akinyi Odhiambo, Grace Wanjiku Kariuki, Diana Opicho, and Susan Wambui Ngige.
2. When the matter came up for plea all the accused persons denied the charge and were placed in custody. They applied for bond which was vehemently opposed by the prosecution vide the affidavit of Inspector Peter Kamau sworn on August 2, 2022. The deponent has given the background of the incidents and the collective linkages to the accused.
3. The court directed that pre bail reports be prepared in respect of each of them. The reports were submitted and are on record and this court has perused the same.
4. Save for 5th and 6th accused persons all the rest of the accused were classified in the reports to be potential risk flights.
5. The court having taken cognisance of the comprehensive reports by the probation officers, is of the considered opinion that although the accused persons have the constitutional right of bail or bond, the wider interest of justice must be considered.
6. At the same time this court takes into consideration the real dangers the accused may find themselves from the members of the public if they are released.
7. In the premises the prayers for bail made by the 1st accused Evans Michori Kebwaro,2nd accused Kevin Omondi Otieno,3rd accused Josphat Simiyu Juma, and 4th accused Julius Omondi Otieno are hereby denied. The same may be considered at a later date.
8. The 5th accused Dennis Alusiola Mmbolo and the 6th accused Isaac Kinyanjui Nganga are each released on a bond of kshs. 2,000,000 each with a surety of similar amount. Upon their release they should not interfere with the prosecution witnesses or at all and each one of them should report to the DCI Nakuru County every 30th day of each month till their matter is finalised and or further orders of this court.
9. As indicated above these files for purposes of this application for bond only have been consolidated.
10. Orders accordingly.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 25TH DAY OF JANUARY 2023. H. K. CHEMITEIJUDGE