[2023] KEHC 24007 (KLR)
The court found no compelling reason to deny the accused bond. The prebail report indicated that both the local administration and the community did not oppose the accused's release, and the family of the deceased was willing to stand surety. The relationship between the accused and the deceased's family, as well as...
Source-derived case information.
- Citation
- [2023] KEHC 24007 (KLR)
- Parties
- Respondent: Republic; Accused: Michael Kipchumba Kipkazi
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E020 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Application
- Outcome
- Bond granted to the accused.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail and Bond, Prebail Report, Community Views
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Michael Kipchumba Kipkazi
Accused
Procedural Posture
Criminal Case / Ruling on Bond Application
Legal Issues
- 1 Whether there are compelling reasons to deny the accused bond pending trial.
- 2 Whether the accused should be released on bond given the community and family positions.
Ratio Decidendi
The court found no compelling reason to deny the accused bond. The prebail report indicated that both the local administration and the community did not oppose the accused's release, and the family of the deceased was willing to stand surety. The relationship between the accused and the deceased's family, as well as the absence of animosity or risk of interference, supported the grant of bond. The court therefore exercised its discretion in favour of the accused, consistent with constitutional and statutory principles on the right to bond.
Court Disposition
Bond granted to the accused.
Orders
- The accused may be released on bond of Kshs. 500,000 with one surety of a similar amount.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Kipkazi (Criminal Case E020 of 2023) [2023] KEHC 24007 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24007 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Criminal Case E020 of 2023
RB Ngetich, J
October 24, 2023
Between
Republic
Respondent
and
Michael Kipchumba Kipkazi
Accused
Ruling
1. The accused Michael Kipchumba Kipkazi was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the charge being that the accused on the 13th day of August, 2023 at Chebinyiny Location within Marigat Sub-County in Baringo County murdered Moses Kipngetich Kiprop.
2. The charge and its full particulars were read over and explained to accused who pleaded not guilty.
3. The State Counsel Ms Ratemo did not oppose bond. The court called for prebail report which was filed on 11th October 2023. From the report the local administration and community informed court that they are not opposed to accused being granted bond as there is no likelihood of animosity against accused who is well-known to them and given the family of victim and accused are relatives, they foresee the matter being resolved through traditional means.
4. The family of the deceased are willing to stand surety for accused. In view of the above I do not see any compelling reason to deny accused bond.
5. Final orders:-The accused may be released on bond of Kshs. 500,000/= with one surety of a similar amount.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 24TH DAY OF OCTOBER 2023. ………………………RACHEL NGETICHJUDGEIn the presence of:Elvis & Momanyi – Court Assistants.Ratemo for state.Accused present.