[2024] KEHC 9364 (KLR)
The court found that the bond amount of Kshs. 500,000/= with a surety of similar amount is not excessive for a murder charge and is consistent with terms imposed in similar cases. The accused’s inability to raise the bond through a single surety does not warrant a reduction of the bond amount. Instead, the accused...
Source-derived case information.
- Citation
- [2024] KEHC 9364 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kipyegon Rotich
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E035 of 2023
- Procedural Posture
- Criminal Case / Ruling on Bond Review Application
- Outcome
- application for review of bond terms declined
- Judges
- HM Nyaga
- Legal Topics
- Murder Charge, Bail and Bond, Bond Review, Surety Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kipyegon Rotich
Defendant
Procedural Posture
Criminal Case / Ruling on Bond Review Application
Legal Issues
- 1 Whether the bond terms imposed on the accused are excessive given his inability to raise the required surety amount.
- 2 Whether the accused is entitled to a review of bond terms based on his family’s financial circumstances.
- 3 Whether the proximity and concerns of the deceased’s family justify a variation of bond terms.
Ratio Decidendi
The court found that the bond amount of Kshs. 500,000/= with a surety of similar amount is not excessive for a murder charge and is consistent with terms imposed in similar cases. The accused’s inability to raise the bond through a single surety does not warrant a reduction of the bond amount. Instead, the accused may provide two or more sureties whose combined security meets the required bond amount. The concerns raised by the deceased’s family regarding provocative remarks were unsubstantiated and did not justify a variation of the bond terms. The court therefore declined to review the bond terms, except to clarify that multiple sureties may be accepted to meet the aggregate security...
Court Disposition
application for review of bond terms declined
Orders
- The application for review of bond terms is declined, save that the accused may avail two or more sureties whose aggregate security covers the bond amount.
- Sureties, if availed, shall be sworn by the Deputy Registrar in the usual manner.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Rotich (Criminal Case E035 of 2023) [2024] KEHC 9364 (KLR) (25 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9364 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case E035 of 2023
HM Nyaga, J
July 25, 2024
Between
Republic
Prosecution
and
Robert Kipyegon Rotich
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.
2. After plea was taken, the accused was granted a bond of Kshs. 500,000/= with a surety of similar amount.
3. On 12th March 2024, the accused sought a review of his bond terms. I called for a Bond/Bail Report, which was then filed in court on 25th April, 2024.
4. From the said report, it is stated that the accused’s relatives are unable to find a tangible asset to raise the bond amount. They have a log book for a motorcycle in the name of accused’s brother. The value of the motorcycle is put at around Kshs. 200,000/=
5. The family of the deceased were interviewed. It is apparent that they live near the accused’s home. They felt that it was too soon to have the accused released on bond given that his family has been making provocative remarks towards them. These remarks were not substantiated.
6. I have considered the matter. The accused’s bond cannot be said to be excessive given the nature of the offence. It is not really any different from other persons facing a similar offence.
7. I am of the view that what the accused needs to do, if he cannot get one surety to cover the amount, set out, he can avail two or more such persons to stand for him so that the aggregate of the security is sufficient to cover the bond amount. If they so avail themselves, the sureties will be sworn by the Deputy Registrar in the usual manner.
8. I thus, decline to review the bond terms, save as stated above.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25TH DAY OF JULY, 2024. H. M. NYAGA,JUDGE.In the presence of;Court Assistant Jeniffer/MiruyaState counsel NancyAccused absent