[2025] KEHC 4768 (KLR)
The court found that the prosecution's allegations of flight risk and potential witness interference were not substantiated. The accused successfully rebutted the negative elements in the pre-bail report and the investigating officer's affidavit by demonstrating he remained at home and had no prior offences. The...
Source-derived case information.
- Citation
- [2025] KEHC 4768 (KLR)
- Parties
- Applicant: Republic; Defendant: Emmanuel Lemashon Shonimeu; Defendant: Edwin Talengo Shonimeu; Defendant: Samson Oiboo Teleu
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2024
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to the 3rd accused on specified terms.
- Judges
- CM Kariuki
- Legal Topics
- Bail and Bond, Murder Charges, Flight Risk, Witness Interference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Emmanuel Lemashon Shonimeu
Defendant
Edwin Talengo Shonimeu
Defendant
Samson Oiboo Teleu
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the 3rd accused is eligible for release on bond pending trial.
- 2 Whether the accused poses a flight risk or is likely to interfere with witnesses.
- 3 Whether the negative pre-bail report and investigating officer's affidavit are sufficiently rebutted.
Ratio Decidendi
The court found that the prosecution's allegations of flight risk and potential witness interference were not substantiated. The accused successfully rebutted the negative elements in the pre-bail report and the investigating officer's affidavit by demonstrating he remained at home and had no prior offences. The court emphasized the constitutional right to bail and noted that the other co-accused had been granted bail on similar terms. Consequently, the court held that there were no compelling reasons to deny bail and granted the accused release on specified terms, with a condition not to contact witnesses.
Court Disposition
Bail granted to the 3rd accused on specified terms.
Orders
- The accused is granted cash bail of Kshs.300,000 or personal bond of Kshs.500,000 with one surety of equal amount.
- The accused shall not get into contact with the witnesses.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Shonimeu & 2 others (Criminal Case E003 of 2024) [2025] KEHC 4768 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4768 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Case E003 of 2024
CM Kariuki, J
April 4, 2025
Between
Republic
Prosecution
and
Emmanuel Lemashon Shonimeu
1st Accused
Edwin Talengo Shonimeu
2nd Accused
Samson Oiboo Teleu
3rd Accused
Ruling
1. The accused No. 3 along with two (2) others are charged with offence of murder under section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. He denied the offence and thus matter is at the stage of determining his release on bond eligibility.
3. The court ordered for PBR Report to be filed. The same was filed dated 12/03/2025. Same is negative as it recommends the grant be deferred due to the prevailing circumstances.
4. The Investigating Officer swore affidavit via PC Kyalo on 12/02/2025. He avers that after the incident, accused absconded and it took long to trace and arrest him. He is also said to be capable of interfering with witnesses. He is said to have no fixed place of abode thus a potential flight risk.
5. The respondent replied via affidavit he swore on 28/03/2025. He refused to run away after the incident as he stayed at home. He reiterates the PBR Report confirms that he was staying at home with his parents in Olomismis in Trans Mara West Sub- County. That he avers that there is no evidence he will interfere with witnesses nor of his life being in danger.
6. He states that he has never committed any previous offence (s). That the bail is a constitutional right under Act 49(i) (h) of the Constitution of Kenya.2010.
7. I note that other 2 accused persons were granted bail/bond with terms cash Kshs.300,000/= or personal bond of Kshs.500,000/= with one surety of same amount.
8. The accused has managed to rebut the PBR negative element on him and the investigating officer’s affidavit allegations which were not substantiated.Thus, I grant accused either cash bail of Kshs.300,000/= or personal bond of Kshs.500,000/= with one surety of equal amount.The accused shall not get into contact with the witnesses.
DATED, SIGNED, AND DELIVERED AT KILGORIS THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 4TH DAY OF APRIL, 2025. ……………………………HON. CHARLES KARIUKIJUDGE