[2025] KEHC 4741 (KLR)
The court found that, although the right to bail is constitutionally protected, the prosecution had demonstrated compelling reasons to defer the accused's release. These included the accused's prior absconding from bail, the outstanding warrant of arrest, the risk posed to the victim, and threats to the accused's...
Source-derived case information.
- Citation
- [2025] KEHC 4741 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Saningo Sirinkit
- Court
- High Court
- Court Station
- High Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E002 of 2025
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail/bond application deferred pending further social inquiry report.
- Judges
- CM Kariuki
- Legal Topics
- Bail Application, Murder Charge, Flight Risk, Compelling Reasons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Jeremiah Saningo Sirinkit
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused is entitled to release on bond/bail pending trial.
- 2 Whether there exist compelling reasons to deny the accused bail as provided under Article 49 of the Constitution.
Ratio Decidendi
The court found that, although the right to bail is constitutionally protected, the prosecution had demonstrated compelling reasons to defer the accused's release. These included the accused's prior absconding from bail, the outstanding warrant of arrest, the risk posed to the victim, and threats to the accused's own safety from the community. The court held that these factors justified deferring the bail application until a further social inquiry report could establish any change in circumstances. Accordingly, the application for bail was not granted at this stage.
Court Disposition
Bail/bond application deferred pending further social inquiry report.
Orders
- The accused's bail/bond application is deferred.
- A further social inquiry report is to be conducted to establish any change of situation and circumstances on the ground.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Sirinkit (Criminal Case E002 of 2025) [2025] KEHC 4741 (KLR) (4 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4741 (KLR)
Republic of Kenya
In the High Court at Kilgoris
Criminal Case E002 of 2025
CM Kariuki, J
April 4, 2025
Between
Republic
Prosecution
and
Jeremiah Saningo Sirinkit
Accused
Ruling
1. The accused faces charge of murder under section 203 as read with Section 204 of the Penal Code Cap 63 Laws of Kenya.
2. He has denied charge and matter is at the stage of determining accused eligibility for release on bond/bail.
3. The court ordered for a bail information report (PBR) by the Probation Officer to be availed which was filed dated 01/04/2025. The same recommended denial of bond as he is said to be a threat to the welfare of the victim. His life is said to be in danger. He is said to have absconded after being released on bond in CRC E119/021 and the warrant is still in force. His mother who was surety was forced to pay Kshs.20,000/=. He is said to be a flight risk.
4. His life is also said to be in danger as the community is baying for his blood.
5. The investigating officer’s affidavit sworn by PC Jared Oyaro reiterates the contents of the PBR Report. He urges the court to deny bond.
6. The court is aware that the right to bond/bail is entrenched in Article 49 of the constitution of Kenya, 2010 but the same right is qualified or limited by compelling reasons such as the ones disclosed herein above.
7. Thus, the accused bail/bond application is deferred until a further social enquiry rereport establishes change of situation and circumstances on the ground.
DATED, SIGNED, AND DELIVERED AT KILGORIS THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 4TH DAY OF APRIL , 2025. …………………………….HON. CHARLES KARIUKIJUDGE