https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8782
The court held that the prosecution had not demonstrated compelling reasons to deny bond. Although the first accused’s bail report raised local ethnic tensions and possible danger to his life if returned to the area, that concern did not justify refusal of bond. The appropriate course was to grant bond with...
Source-derived case information.
- Citation
- [2026] KEHC 8782 (KLR)
- Parties
- Prosecutor: Republic; 1st Accused: Livingstone Kimulwa; 2nd Accused: Stephen Kiprono Yego alias Francis Kipsambu
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E017 of 2023
- Procedural Posture
- Criminal Case; Bail/bond Ruling in a Murder Charge / Post Plea Bond Determination
- Outcome
- Bond granted
- Judges
- ["TM Matheka"]
- Legal Topics
- Murder Charge, Bond Terms, Article 49(1)(h), Section 123 a Criminal Procedure Code, Risk to Accused Safety, Community Tensions, Personal Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Livingstone Kimulwa
1st Accused
Stephen Kiprono Yego alias Francis Kipsambu
2nd Accused
Procedural Posture
Criminal Case; Bail/bond Ruling in a Murder Charge / Post Plea Bond Determination
Legal Issues
- 1 Whether the accused persons were entitled to bond pending trial
- 2 Whether alleged tribal tensions and safety concerns constituted compelling reasons to deny bond
- 3 What bond terms were appropriate in the circumstances
Ratio Decidendi
The court held that the prosecution had not demonstrated compelling reasons to deny bond. Although the first accused’s bail report raised local ethnic tensions and possible danger to his life if returned to the area, that concern did not justify refusal of bond. The appropriate course was to grant bond with protective conditions, including a prohibition on returning to the area where the offence allegedly occurred and an obligation to attend court as required.
Court Disposition
Bond granted
Orders
- Bond set at Ksh. 250,000 with one surety of similar amount for each accused person.
- The accused persons shall not return to the location area where the offence was allegedly committed during the pendency of the matter.
Full Case Text
Judgment text and source record
1 paragraphs
Republic v Kimulwa & another (Criminal Case E017 of 2023) [2026] KEHC 8782 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8782 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E017 of 2023 TM Matheka, J June 12, 2026 Between Republic Prosecutor and Livingstone Kimulwa 1st Accused Stephen Kiprono Yego alias Francis Kipsambu 2nd Accused Ruling 1.These 2 accused persons are charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars are that on 6/12/2025 at Kamailel Sub-Location Muchongoi Division they jointly with others not before court murdered Francis Kimosop. They pleaded not guilty to the joint charge on 6/5/2026. Bond was not objected to by the prosecution . 2.The 1st accused had taken plea separately on 21/4/2025 and bond had been set at Ksh. 250,000/= with one surety of similar amount 3.The Bail Reports were filed later – For 1st accused – on 5/5/2026 for 2nd Accused on 2/6/2026. 4.For 1st accused – The report raises the issue of the tribal tensions between the Pokots and the Tugens. It is indicated that the victim is Pokot, the accused Tugen – that the return of the accused to the area where the offence was allegedly committed could put the accused person’s life at risk. 5.This issue does not arise in the report for the 2nd Accused. 6.The court is well aware that animosities may arise when a person is a accused of killing another from another community. However we must enable our communities to understand that criminal liability is personal – and that once an accused person is arrested and charged and certain things happen – the issue of due process comes into place as required by the Constitution of Kenya. He is presumed innocent until proven guilty, he is entitled to bond unless there are compelling reasons e.g. interference with the witnesses, risk to the victims, flight risk from the jurisdiction of the court, his own security etc. The prosecution did not have any of these compellable reasons and hence did not object to bond. Of course, the court cannot turn a blind eye to the concern of victims and local administration - They too have a role in this system – and the victims welfare and rights and the public interest must be considered. 7.In the circumstances and pursuant to Article 49(1) (h) of the Constitution, Section 123A of the criminal procedure code-Bond is set at 250,000/= with surety of same amount each- the conditions:-1.The accused persons are not to return to the location area where the offence was allegedly committed during the pendency of this matter.2.The accused are to appear in court as and when required. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT KABARNET HIGH COURT THIS 12TH JUNE 2026.MUMBUA T MATHEKAJUDGEIn the presence of:-CA Momanyi/Gladys1st Accused2nd AccusedMr. Chebii for accusedMr. Koech for state………………………………………………………