[2022] KEHC 15025 (KLR)
The court found that while the accused has a constitutional right to bail, this right must be balanced against the safety of the accused and the interests of justice, particularly in light of previous community hostility. The court noted that the accused's inability to raise the initial bond amount, coupled with the...
Source-derived case information.
- Citation
- [2022] KEHC 15025 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Cheruiyot Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E036 of 2022
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- Bond terms reviewed and application allowed with conditions.
- Judges
- TM Matheka
- Legal Topics
- Murder Charge, Bail and Bond, Community Hostility, Victim Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Cheruiyot Langat
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms previously set for the accused should be reviewed in light of his inability to raise the amount and the passage of time since the initial safety concerns.
- 2 Whether the accused can safely return to his village or if conditions should be imposed to protect both the accused and the community.
Ratio Decidendi
The court found that while the accused has a constitutional right to bail, this right must be balanced against the safety of the accused and the interests of justice, particularly in light of previous community hostility. The court noted that the accused's inability to raise the initial bond amount, coupled with the passage of time and the expectation that the local administration would have sensitized the community, justified a review of the bond terms. The court therefore reduced the bond requirement and imposed a condition that the accused stay away from the village where the offence allegedly occurred, thereby addressing both the accused's right to bail and the need for community safety.
Court Disposition
Bond terms reviewed and application allowed with conditions.
Orders
- Bond is reviewed to Kshs. 500,000 with two sureties, each of Kshs. 250,000.
- The accused is to stay away from the village where the offence is alleged to have been committed.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Langat (Criminal Case E036 of 2022) [2022] KEHC 15025 (KLR) (7 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15025 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E036 of 2022
TM Matheka, J
November 7, 2022
Between
Republic
State
and
Peter Cheruiyot Langat
Accused
Ruling
1. The accused person is charged with Murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on July 30, 2021 at Karandichi village, Tinet Location, Kuresoi, Sub County he murdered Agnes Chepngeno Kurinyet and David Kipng’eno Korir alias Christopher.
2. On December 7, 2021, bond was set at Kshs. 500,000/=with surety of similar amount with an order that the accused stays away from his village for at least one (1) year.
3. The accused has come back to court for review of his bond terms in view of the fact that due to the court’s work load, hearing dates are now next year, his case has been fixed for hearing on February 1, 2023, 1st and March 14, 2023.
4. I requested for a Bail Review Report from Probation and After Care Services. A report was filed on November 2, 2022.
5. The report is dated November 24, 2021. That means it is the report that was filed before bond was granted. At that time there was fear of ………against the accused by members of the family of the deceased. The Probation Officer drew the court’s attention to the fact that the brother of the accused had been attacked by members of the community because he was mistaken for the accused. The area assistant chief was aware of this incident and indicated that the accused would not be safe in the community.
6. A year later, the community cannot be in the same mood, and in any event it is expected that the local administration with the assistance of the Probation and After Care Services, would sensitize the community on the workings of the criminal justice system, and the fact that they are not allowed to take the law into their own hands, and to let the cause of justice take its course.
7. The same Constitution that grant the right to bail, grants the victims protection and places both the accused and the victim on equal places before the law, and the actors in the criminal justice system have the constitutional obligation to bring this to the awareness of the people, that is one way we promote respect to the law, on the committal of one crime is not a licence for people to commit further crimes in revenge.
8. In the circumstances the court is give the powers to give conditional bond.
9. In this case, the accused person has been unable to raise the bond terms granted of Kshs. 500,000/= with surety of similar amount, the report indicates that his family is a family of limited income, and they may not be able to raise the same.
10. Taking into consideration the application for review, and the seriousness of the offence, and the hostility in the community, I allow the application for review in the following terms;
i)Bond is reviewed to Kshs. 500,000/= with two (2) sureties, each one of Kshs. 250,000/=ii)The accused person is to stay away from the village where the offence is alleged to have been committed.Orders accordingly.
SIGNED, DATED AND DELIVERED VIA EMAIL THIS 7TH DAY OF NOVEMBER, 2022. MUMBUA T. MATHEKAJUDGECourt Assistant JenifferAccused presentMongeri for accusedMs Murunga for state