https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8276

Republic v Koech (Criminal Case E001 of 2025) [2026] KEHC 8276 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KEHC 8276 (KLR) Republic of Kenya In the High Court at Kabarnet Criminal Case E001 of 2025 TM Matheka, J May 29, 2026 Between Republic Prosecutor and Tonny Kiprotich Koech Accused Ruling 1.The accused Tonny Kiprotich Koech is charged with murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on 13/1/2025 at Kabel Market, Mochongoi Ward, Marigat Sub-County within Baringo he murdered Paul Mwangi Hinga. 2.He denied the charge on 26/11/2025 and a pre-bail report was requested. One was filed on 5/3/2026 and another on 25/5/2026. The family of the victim opposes the release of accused on bond because of the “manner in which he behaves wildly” they fear he might harm them again and that he is a threat to the community. 3.The local administration supports this view that the accused should go through his trial while in custody – for his our safety. 4.The family of the accused was divided – the mother saying that his safety could only be guaranteed if he remained in custody – the father – that he would take his son away from Mochongoi to another place – Eldoret. 5.The Probation Officer agreed with the chief and the family of the victim – that the accused having been diagnosed with schizophrenia and cannabis induced psychosis it was not suitable for him to be released on bond as he required close monitoring to ensure he takes his medication. 6.It was recommended that he stays in custody until the community is ready to receive him/the family finds an alternative place of abode. 7.The report dated 25/5/2026 confirms that he was diagnosed with schizophrenia since 2023. 8.The PACs officer states that the community is still bitter with him and that although the victim’s family lives far from the area, the victim’s friends are still within the area (Mochongoi). The local administration confirmed that there is still some hostility towards the accused person within the community and that nothing much has changed and therefore his security cannot be guaranteed if he returns to the area at this time. Although the area chief is not opposed to his release on bond he is of the opinion that if granted there is need to relocate him to safer place. 9.According to the family members and medical records available the accused person was a psychiatric patient and a drug addict and therefore needs close supervision for the purposes of treatment and adherence to medication. His father is now ready stand surety for him using the logbook if granted bond. The family has resolved to relocate him to Seretunin in Baringo Central where he will stay with the father as he attends to his clinic at Baringo level four hospital. 10.The father is willing to ensure that he attends court until conclusion of the case. 11.In the circumstances bond is granted at Ksh 300,000 with a surety of the same amount. The condition is that the father will ensure that he attends hospital for treatment and takes his medication. 12.PACs will offer bail supervision support in collaboration with the father so as to enhance reporting in the event of any relapse. This order be served upon PACs for compliance.Orders accordingly. RULING DATED SIGNED AND DELIVERED VIRTUALLY THIS 29TH MAY 2026MUMBUA T MATHEKAJUDGE