https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12943

Republic v Odede (Criminal Case E022 of 2026) [2026] KEHC 12943 (KLR) (29 July 2026) (Ruling) Neutral citation: [2026] KEHC 12943 (KLR) Republic of Kenya In the High Court at Kisii Criminal Case E022 of 2026 Sifuna Nixon, J July 29, 2026 Between Republic Prosecutor and Eunice Awuor Odede Accused Ruling 1.The Accused Eunice Awuor Odede is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code (cap 63 Laws of Kenya). The particulars are that on the 28th May 2026 at around 22.50 hours at Magena Trading Centre, Magena Location, Kenyanya Sub-County in Kisii County, she murdered Melody Chebet. 2.She pleaded not guilty to the charge and applied for bail or bond. The prosecution did not oppose the application, but this Court directed the Kisii County Probation Office to file a Pre-bail Report, to assist the Court in ascertaining the prevailing circumstances, the situation in the community, as well as whether there are any factors that may militate against the grant of bail/bond. The Pre-bail Report 3.The Report was finally filed on 10th July 2026. The purpose of the Report was to assess the Accused’s suitability for release on bail/bond, and her likelihood of complying with the terms and conditions that may be imposed by the Court. 4.Although the offence of murder is bailable and bail is a constitutional right, given its seriousness and the penalty if convicted, persons charged with murder have an increased incentive to abscond. In this case, however, the Pre-bail Report has not identified the Accused as presenting that risk. 5.It has stated that she is not a flight risk. It has also stated that the local community where her home is located, is not hostile to her. It has further stated that her close family is willing to accommodate her if she is released on bail/bond. Analysis and Determination 6.In Kenya, bail/bond is a constitutional right guaranteed under Article 49 (1) (h) of the Kenya Constitution. Kenyan courts are also guided by the Bail & Bond Guidelines, as well as the common law principles. Article 49 (1) (h) requires courts to grant bail unless there are compelling reasons. Under this legal regime, the denial of bail should be an exception, rather than the norm. A court will ordinarily grant bail, unless there are compelling reasons warranting denial. 7.In Republic v. Jackton Mayende & 3 Others [2012] eKLR, the court described compelling reasons as reasons that are so forceful and convincing, as to make a court feel very strongly that the accused should not be released on bail/bond; and that bail/bond should therefore not be denied on flimsy grounds, but on real and cogent grounds that meet the standard set by the Constitution. 8.The factors that may constitute compelling reasons include, but are not limited to, the following:a.If the accused is likely to abscond or take flight if released on bail/bond;b.If the accused has previously absconded or taken flight while on bail/bond;c.If investigations have not been completed, and the accused is likely to interfere with them;d.If the accused is likely to interfere with witnesses;e.If upon release on bail/bond the accused’s safety is threatened; andf.If the findings and recommendations in a Pre-bail Report are so adverse to the grant of bail/bond. 9.In Republic v. Danson Mgunya & Another [2010] eKLR, Ibrahim J (as he then was) observed that liberty is the most precious thing, hence that no one’s liberty should be denied without lawful reasons and in accordance with the law. 10.Further, denial of bail/bond should not be used as a punishment to the accused person; nor should the terms of the bail or bond be punitive. While the terms should be commensurate with the offence, they need to also be reasonable, realistic, practicable and possible. They should be practically attainable, and not abstract or merely theoretically available. They should not be placed beyond reach; and neither should they seem to be given by one hand, and taken by the other. 11.Although a Pre-bail Report is not binding on a court, this Court finds the Accused suitable for release on bail/bond; and on terms commensurate with the seriousness of the charge she is facing. I have also found no compelling reasons that would warrant denial of bail/bond. 12.Having considered the Pre-bail Report and the prosecution’s response to the application, I find that:a.There is no evidence of witness interference or its likelihood;b.Investigations are substantially completed;c.The Accused has a fixed place of abode;d.She has family support;e.The local community is willing to receive her; andf.She has no previous history of absconding while on bail/bond. 13.I accordingly grant her bail/bond on the following terms:a.The Accused is granted a cash bail of Kshs 300,000/= (Kenya Shillings Three Hundred Thousand), or bond with one surety of a similar amount.b.The bond shall be secured by immovable property.c.The Accused shall before being released on bail or bond, be reminded of the duty to attend court without fail, whenever her case comes up, or whenever required by the court. DATED AND DELIVERED AT KISII ON THIS 29TH DAY JULY 2026.PROF (DR) NIXON SIFUNAJUDGE