[2020] KEHC 1261 (KLR)
The court found that although the accused has a constitutional right to bail, the pre-bail (probation) report was not comprehensive, lacking a victim impact statement and details of the circumstances of the alleged offence. The court determined that the report did not provide sufficient information to assist in the...
Source-derived case information.
- Citation
- [2020] KEHC 1261 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kipyegon Rono
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2020
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- bond denied; accused to remain in custody pending trial
- Legal Topics
- Murder Charge, Bail and Bond, Pre Bail Report, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kipyegon Rono
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the accused is entitled to bail pending trial under Article 49(1)(h) of the Constitution.
- 2 Whether there are compelling reasons to deny the accused bail in the circumstances of this case.
Ratio Decidendi
The court found that although the accused has a constitutional right to bail, the pre-bail (probation) report was not comprehensive, lacking a victim impact statement and details of the circumstances of the alleged offence. The court determined that the report did not provide sufficient information to assist in the exercise of its discretion regarding bail. In the absence of a comprehensive social inquiry, the court was disinclined to grant bond and ordered that the accused remain in custody pending trial or further orders.
Court Disposition
bond denied; accused to remain in custody pending trial
Orders
- The accused shall remain in custody pending trial or until further orders of the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 8 OF 2020
REPUBLIC...........................................................................DPP
VERSUS
ROBERT KIPYEGON RONO................................ACCUSED
RULING
1. The Accused 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 of the offence are that on the 2nd day of April, 2020, at about 2230Hrs, at Kiptulwo village, within Bomet County murdered Kipchalo Arap Koske alias Richard Kipchalo Cheborigei.
2. The accused took plea on 30th June, 2020 before Ongeri J and denied the charge. Learned defence counsel Ms. Chepkemoi then asked the court to grant the Accused bond. Mr. Mureithi learned Prosecution Counsel while not opposing the application, asked the court to direct that a pre bail report be filed.
3. When the matter came before me on 28th October, 2020, Ms. Chepkemoi renewed the bond application. She submitted that the Accused was a resident of Bomet and that the pre- bail report was favourable to him. She prayed that the accused be granted reasonable bond terms. On his part, Mr Mureithi stated that he had not seen the probation report and would have no objection to the Accused being granted bond if the report was favourable.
4. I have considered the application. Needless to state, the Accused person has a constitutional right to bail or bond pending trial. The only limitation under Article 49(1)(h) of the Constitution is where there are compelling reasons not to grant bail. It is the practice that such reasons should be brought before the court by the prosecution. Nonetheless, the court has discretion to grant or deny bail while taking into consideration the circumstances of each case.
5. In this case, the probation report states that the deceased was the father of the Accused. The report does however does not give any victim impact statement nor does it indicate the circumstances under which the Accused is alleged to have caused the death of his father. I do not find the report comprehensive. It does not bring out a comprehensive social inquiry with respect to the Accused which inquiry would assist the court exercise its discretion.
6. In the circumstances, I am disinclined to grant the Accused bond. He shall remain in custody pending trial or until further orders of this court.
7. Orders accordingly.
Ruling delivered, dated and signed at Bomet this 4th day of November, 2020.
..................................
R. LAGAT-KORIR
JUDGE
Ruling delivered in the presence of the Accused, Defence Counsel Ms. Chepkemoi, Mr. Mureithi for the DPP and Kiprotich(Court Assistant).