https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8950

Republic v Michira (Criminal Case E013 of 2026) [2026] KEHC 8950 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8950 (KLR) Republic of Kenya In the High Court at Kisii Criminal Case E013 of 2026 Sifuna Nixon, J June 11, 2026 Between Republic Prosecutor and Valentine Michira Accused Ruling 1.The Accused is in this case, has been charged with the offence of murder. At the plea, he denied the charge, and a plea of “Not Guilty”, was entered. He subsequently applied to be released on bail/bond. This Court then directed the Kisii County Probation Office, to file a Pre-bail Report; on the Accused’s suitability for admission to bail/bond. 2.The Report was subsequently filed in this Court on 11th May 2026. It has stated that the Accused is a person with a known home and family. That the local community and the victim’s family for their part, have expressed concerns for his safety should he return to the vicinity or the incident; as well as the potential to interfere with witnesses. Determination 3.Bail is a constitutional right under Article 49 (1) (h) of the Kenya Constitution; and this offence, despite being a serious one, is bailable. On a bail Application, the court shall consider several factors. The prime consideration being whether the Accused will attend court, or whether there is a likelihood of flight, or abscondment. Notably, although the offence of murder is bailable and bail is a constitutional right, given the seriousness of the offence and the penalty if convicted, the likelihood of flight or abscondment, is high. 4.I have perused the facts contained in the Report, as well as its conclusion and recommendations. A Pre-bail Report, like any other Report to court, is only recommendational and not binding on the court. 5.Even after receiving it, a court has to prudently consider all the prevailing circumstances and relevant factors such as whether the Accused is a flight risk; whether there is a likelihood of the Accused interfering with the witnesses; the safety of the Accused upon release on bail/bond; whether the Accused has a fixed and known place of abode; the history of the Accused while on bail/bond previously; and any other relevant factors. 6.Interestingly, with all the serious concerns that the Report raised in its contents, it has in its final recommendation, recommended the Accused for bail/bond. This is strikingly contradictory. It is my considered view that a Pre-bail Report be unequivocal, and arrive at a conclusion that is supported by the findings. It should then make a recommendation, that is consistent with, and flows from the conclusion. It cannot approbate and reprobate- taking two mutually contradictory positions or taking an inconsistent position. 7.While the recommendation in a Pre-bail Report is not binding on this Court, the concerns raised in this Report when considered alongside the Bail & Bond Guidelines as well as the legal principles regarding bail and bond, militate against the Accused. 8.Consequently, I am not persuaded that the Accused should be granted bail/bond at this time. Perhaps later, when it will be demonstrated that those factors and circumstances will have radically changed. The likelihood of interfering with witnesses, just like that of flight or abscondment, are a serious indictment on an Accused’s suitability for bail/bond. 9.In the end therefore, the plea for bail/bond is declined, and this Application is hereby dismissed, accordingly. DATED AND DELIVERED AT KISII ON THIS 11TH DAY OF JUNE 2026.PROF (DR) NIXON SIFUNAJUDGE