[2023] KEHC 21303 (KLR)
The court found that, despite the State not opposing bail, the prevailing circumstances—specifically, the high level of hostility from the community and the victim's family, as well as the recent destruction of the accused's property—posed a real and immediate threat to the accused's safety if released. The court...
Source-derived case information.
- Citation
- [2023] KEHC 21303 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kiprotich Kipngok
- Court
- High Court
- Court Station
- High Court at Eldama Ravine
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E027 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bond denied; accused to remain in remand for his own protection.
- Judges
- RB Ngetich
- Legal Topics
- Murder Charge, Bail Application, Pre Bail Report, Community Hostility, Protection of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kiprotich Kipngok
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether the safety of the accused and the prevailing community hostility justify denial of bail at this stage.
Ratio Decidendi
The court found that, despite the State not opposing bail, the prevailing circumstances—specifically, the high level of hostility from the community and the victim's family, as well as the recent destruction of the accused's property—posed a real and immediate threat to the accused's safety if released. The court determined that releasing the accused at this stage would endanger his life, and therefore, in the interest of justice and for his own protection, bail was denied. The court left open the possibility for the accused to reapply for bail should circumstances change during the course of the trial.
Court Disposition
Bond denied; accused to remain in remand for his own protection.
Orders
- Accused is denied bond.
- Accused may reapply for bond at a later stage of trial if circumstances change.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kipngok (Criminal Case E027 of 2023) [2023] KEHC 21303 (KLR) (24 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21303 (KLR)
Republic of Kenya
In the High Court at Eldama Ravine
Criminal Case E027 of 2023
RB Ngetich, J
July 24, 2023
Between
Republic
Prosecution
and
Joseph Kiprotich Kipngok
Accused
Ruling
1. The accused Joseph Kiprotich Kipngok has been charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the offence are that on the night of 25th and April 26, 2023 at Chemoinoi village within Mogotio subcounty of Baringo county, the accused murdered Selly Cheptoo.
2. On the September 3, 2023, the charge and its full particulars were read over and explained to the accused person who denied the charge and a plea of not guilty was entered. The state counsel informed the court that the state is not opposed to the accused being released on bond. The court made an order for a pre-bail report to be prepared by the probation to assist the court in setting bond terms. Pre- bail report for the accused was filed on July 20, 2023.
3. From the pre-bail report, the local administration from the two locations Kimose and Molosirwe indicate that the accused is a very dangerous person and cannot be trusted; they say the community are very hostile to the accused and are ready to lynch him if release. The family confirm the position by stating that the accused’s property including title deed were torched and if released, he should relocate to Narok. He further said he is willing to stand surety for him if released but he has no security.
4. The victim’s family are of the view that it is still early to release the accused as the matter is still fresh in their minds. From the views of the victim’s and accused’s family and local administration, it may not be safe to release accused at this stage of trial. Releasing him will be endangering his life as the victim’s family and community are still bitter. This is confirmed from the action of torching of accused’s property after the incident
5. Bond and Bail Policy Guidelines provide for the following non-exhaustive factors for consideration in bail applications:(a)The nature of the charge or offence and the seriousness of the punishment to be meted if the accused person is found guilty.…(l)Protection of the accused persons.
6. In view of the fact that there is danger of accused being armed either by victim’s family or members of the community as per prebail-report, it will be in the interest of justice to remand accused for his own protection as the ground is still hostile to him.
7. Final orders:1. Accused is denied bond.2. Accused may reapply bond at later stage of trial if circumstances change.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 24TH DAY OF JULY 2023. …………………………………RACHEL NGETICHJUDGEIn the presence of:Mr. Kemboi - Court Assistant.Ms Ratemo - Counsel for State.Ms Kogo - Counsel for Accused.