[2023] KEHC 422 (KLR)
The court found that there were no compelling reasons to deny the accused bail. The pre-bail report indicated the accused was of good character, had community support, and there was no hostility from the victim's family or the community. The surety offered was independent and substantial. The court applied the...
Source-derived case information.
- Citation
- [2023] KEHC 422 (KLR)
- Parties
- Applicant: Republic; Respondent: Sylvester Cheruiyot Kirui
- Court
- High Court
- Court Station
- High Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2022
- Procedural Posture
- Bail Application / Ruling on Bail Pending Trial
- Outcome
- bail granted
- Judges
- RN Nyakundi
- Legal Topics
- Bail Pending Trial, Murder Charge, Compelling Reasons, Pre Bail Report, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Sylvester Cheruiyot Kirui
Respondent
Procedural Posture
Bail Application / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be granted bail pending trial for the offence of murder.
- 2 Whether there are compelling reasons to deny the accused bail under Kenyan law.
Ratio Decidendi
The court found that there were no compelling reasons to deny the accused bail. The pre-bail report indicated the accused was of good character, had community support, and there was no hostility from the victim's family or the community. The surety offered was independent and substantial. The court applied the established legal test for bail, considering the nature of the accusation, the evidence, the severity of the potential punishment, and the independence of the surety. As none of these factors militated against bail, the accused was granted release on bond with surety.
Court Disposition
bail granted
Orders
- The accused is released on bond of Kshs 500,000 with a surety of a similar amount.
- The accused must attend all mentions and hearing dates as may be fixed during the pendency of the case or when required by the court unless attendance is dispensed with by the court.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Kirui (Criminal Case E016 of 2022) [2023] KEHC 422 (KLR) (25 January 2023) (Ruling)
Neutral citation: [2023] KEHC 422 (KLR)
Republic of Kenya
In the High Court at Kapsabet
Criminal Case E016 of 2022
RN Nyakundi, J
January 25, 2023
Between
Republic
Prosecution
and
Sylvester Cheruiyot Kirui
Accused
Ruling
1. What is pending before this court is a bail ruling determining whether the accused should be released on bail. The accused was charged with the offence of murder contrary to section 203 as read with section 204 of thePenal Code. The particulars of the offence are that on July 10, 2022 at Kabaskei village, Chepkumia location within Nandi County the accused murdered Josephat Kibet Kigen.
2. There is a pre-bail report on record filed on December 14, 2022. The accused person is 20 years old. From the report it emerges that the deceased is a first cousin of the accused and he used to harass him. He is described as a humble hardworking and disciplined member of the community. His family has good standing in the community and the chief knows the family well. There have been no adverse reports about him and he is a likeable person. His grandfather is ready to stand surety for him with a title deed for his 8-acre farm located in Chepkumia.
DECISION 3. According to the decided cases, in all these cases where bail is discretionary, the proper test of whether bail should be granted or refused is whether it is probable that the accused person will appear to take it is probable that the accused person will appear to take this trial (Re Robinson, 23 L J Q B 286), but the test should be applied by reference to the following consideration: -1. The nature of the accusation:2. The nature of the evidence in support of the accusation3. The severity of the punishment which conviction will entail
4. Whether the sureties are independent or indemnified by the accused person. (Archbold, page 68) see also David Kimani vs Republic (2021) eKLR.The above observations lead me to conclude that there are no compelling reasons which would warrant the applicant being denied bail pending thetrial. The pre-bail report have clearly indicated that the situation on the ground is not at all hostile to the applicant as had been pointed out to the trial court.In the premises, the following orders issue;1. I grant the prayer for release of the accused person on bond of Kshs 500,000/= with a surety of a similar amount.2. The accused must attend all mentions and hearing dates as may be fixed from time to time during the pendency of this case or when required by the court unless such attendance is dispensed with by the court.It is so ordered.
DELIVERED, DATED AND SIGNED AT KAPSABET ON THIS 25TH DAY OF JANUARY 2023. ……………………………………….R NYAKUNDIJUDGE