[2023] KEHC 19757 (KLR)
The court found that there were no compelling reasons to deny bail to the accused persons. The pre-bail reports were favourable, indicating that both accused were not flight risks, the local administration and the victim's family did not oppose their release, and their families were willing to stand surety. The...
Source-derived case information.
- Citation
- [2023] KEHC 19757 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Kimosop Keitany; Defendant: Shaneez Jepkemboi Seguton
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E014 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to both accused persons.
- Judges
- RB Ngetich
- Legal Topics
- Bail and Bond, Murder Charges, Pre Bail Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Andrew Kimosop Keitany
Defendant
Shaneez Jepkemboi Seguton
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 there are compelling reasons to deny bail to the accused persons.
Ratio Decidendi
The court found that there were no compelling reasons to deny bail to the accused persons. The pre-bail reports were favourable, indicating that both accused were not flight risks, the local administration and the victim's family did not oppose their release, and their families were willing to stand surety. The prosecution did not oppose the application. Accordingly, the court exercised its discretion to grant bail to both accused persons on reasonable terms.
Court Disposition
Bail granted to both accused persons.
Orders
- Each accused may be released on bond of Kshs. 300,000 with one surety of a similar amount.
- Alternative cash bail of Kshs. 100,000 is granted for each accused.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Keitany & another (Criminal Case E014 of 2023) [2023] KEHC 19757 (KLR) (10 July 2023) (Ruling)
Neutral citation: [2023] KEHC 19757 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Case E014 of 2023
RB Ngetich, J
July 10, 2023
Between
Republic
Prosecution
and
Andrew Kimosop Keitany
1st Accused
Shaneez Jepkemboi Seguton
2nd Accused
Ruling
1. The two accused persons are charged with the offence of murder contrary to section 203 as read with section 204 of thePenal Code. Particulars of the offence are that on 26th day of March, 2023 at Moloi village of Kapchomuso Sub-Location in Baringo Central Sub-County of Baringo County, jointly with other not before court murdered Bruce Kipruto Komen.
2. The charge and its full particulars were read and explained to accused person on July 3, 2023. Each accused person denied the charge and plea of not guilty was entered.
3. The defence counsel Mr. Chebii applied for accused persons to be released on bond. He submitted that Accused 2 is a student at Baringo Technical College scheduled to do KNEC examinations the next day. However, examination schedule was availed to court on request which confirmed that examinations were to start on July 12, 2023.
4. The court directed that pre-bail report be prepared and it was filed on July 7, 2023. On 10/7/2023, Mr Chebii submitted that pre-bail report is favourable to accused persons and prayed for lenient bond terms.
5. I have perused prebail reports dated 10/7/2023 in respect to the two accused persons. In respect to accused 1, I noted that Local Administration indicated that accused is well known to them and that he is not a flight risk. I also noted that the family of the victim are not opposed to accused 1 being granted bond and accused’s family are willing to stand surety for him.
6. In respect to Accused 2, the prebail report confirm that she is a student at Baringo Technical College. The victim’s family are not opposed to Accused 2 being released on bond. The family of accused are willing to stand surety for her. The Local Administration are also not opposed to Accused 2 being released on bond stating that it is unlikely that she will abscond.
7. The state did not oppose bond. In view of the above, I do not see any compelling reasons to deny accused person’s bond.
Final Orders: 8. Each accused may be released on bond of Kshs. 300,000/= with one surety of a similar amount with alternative cash bail of Kshs. 100,000/=.
RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KABARNETTHIS 10TH DAY OF JULY 2023…………….……………………RACHEL NGETICHJUDGEIn the presence of:Mr. Kemboi - Court Assistant.Ms Ratemo for state.Accused 1 present.Accused 2 present.