[2023] KEHC 21320 (KLR)
The court found that the prosecution failed to provide compelling reasons to deny bail, as no affidavit from the investigating officer was filed and the probation bail report was positive. While acknowledging the risk posed by the bitterness of the victim's family, the court accepted the defense's offer for the...
Source-derived case information.
- Citation
- [2023] KEHC 21320 (KLR)
- Parties
- Applicant: Republic; Defendant: Grace Chepkemoi Rotich
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted with conditions.
- Judges
- CM Kariuki
- Legal Topics
- Bail Application, Murder Charge, Flight Risk, Domestic Violence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Grace Chepkemoi Rotich
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused should be granted bail pending trial for murder.
- 2 Whether there are compelling reasons to deny bail, including risk to the accused and risk of flight.
Ratio Decidendi
The court found that the prosecution failed to provide compelling reasons to deny bail, as no affidavit from the investigating officer was filed and the probation bail report was positive. While acknowledging the risk posed by the bitterness of the victim's family, the court accepted the defense's offer for the accused to relocate away from her in-laws for her own safety. The court thus granted bail with conditions to ensure the accused's security and compliance with court processes.
Court Disposition
Bail granted with conditions.
Orders
- Accused to be released on executing a bond of KES 150,000 with one surety or cash bail of KES 70,000.
- Accused must relocate from the vicinity of her in-laws (family of her deceased husband).
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Rotich (Criminal Case E006 of 2023) [2023] KEHC 21320 (KLR) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21320 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case E006 of 2023
CM Kariuki, J
July 31, 2023
Between
Republic
Prosecution
and
Grace Chepkemoi Rotich
Accused
Ruling
1. The accused is charged with murder particulars being that on April 12, 2023 at Simboiyon Sub- Location, Subukia- County within Nakuru County Murdered Francis Rotich Kipkemoi.
2. She denied the charge and, through her advocate sought to be released on bond. The Prosecution opposes the bond grant and alleges she is a flight risk. No investigating Officer Affidavit was filed to demonstrate compelling grounds for denial.
3. However, the issue of the victim's bitterness with her having occasioned the death of their son (accused husband) is still fresh and may not receive her well if released on bond.
4. However, the defense offers to have her relocate far from the in-law’s locality for her security and to avoid their wrath.
5. The Probation Bail Report is positive. From the bundle, it is apparent the incident was domestic violence related, while it is gathered to have been occasioned by the fight between husband and wife. Perhaps a plea bargain may obtain in the circumstance.
6. The court, thus, in all circumstances, finds it apt to grant the applicant bond/bail condition that she re-locates from the vicinity of her in-laws (family of her deceased husband).i.Accused will be released on executing a bond of ksh 150,000 with one surety or cash bail of ksh 70,000.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 31ST DAY OF JULY 2023. …………………………CHARLES KARIUKIJUDGE