[2016] KEHC 5815 (KLR)
The court found that, given the applicant's relationship to the deceased and witnesses, the period he spent in hiding before arrest, and the prosecution's concerns about interference and absconding, there was a need for further inquiry before determining the bond application. The court therefore ordered a pre-bond...
Source-derived case information.
- Citation
- [2016] KEHC 5815 (KLR)
- Parties
- Applicant: Richard Kimutai Rono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2016
- Procedural Posture
- Criminal Case / Ruling on Bond Application Pending Trial
- Outcome
- Pre-bond report ordered; bond application deferred.
- Judges
- GO Shikwe
- Legal Topics
- Bail Pending Trial, Bond Conditions, Interference With Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kimutai Rono
Applicant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Bond Application Pending Trial
Legal Issues
- 1 Whether the applicant should be admitted to bond pending the hearing and determination of the criminal case.
- 2 Whether there is a likelihood of the applicant interfering with witnesses or absconding if released on bond.
Ratio Decidendi
The court found that, given the applicant's relationship to the deceased and witnesses, the period he spent in hiding before arrest, and the prosecution's concerns about interference and absconding, there was a need for further inquiry before determining the bond application. The court therefore ordered a pre-bond report to be prepared by a probation officer to inform its decision on whether to grant bond, rather than granting or denying bond outright at this stage.
Court Disposition
Pre-bond report ordered; bond application deferred.
Orders
- A pre-bond report on the accused to be prepared by a probation officer within seven days.
- The main case to proceed to hearing on 2nd June, 2016.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 5 OF 2016
RICHARD KIMUTAI RONO.......................................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
RULING.
By way of a Notice of Motion application dated 18th February, 2016 and which is expressed to be brought under Section 23 of the Criminal Procedure Code and Article 49 (h) of the Constitution the Applicant seeks to be admitted to bond pending the hearing and determination of his criminal case.
The grounds are that the applicant is a Kenyan Citizen with a fixed known abode. His family resides within the jurisdiction of this Court and that he is the sole bread winner. Further that he is ready to abide with the terms and conditions that the court may impose.
In his replying affidavit the investigating officer depones that the accused is a relative of the deceased person as well as the witnesses.
That there is high likelihood that he will interfere with the witnesses.
Further its deponed that this offence was committed on 27th day of April, 2015 and the Accused was arrested on 19th January, 2016 having been in hiding for close to one (1) year and that he is likely to abscond if released on bond.
After a careful analysis of the rival arguments presented before the court, I am of the considered view that there is need for a pre bond report on the accused. It is ordered that same be prepared by a probation officer within seven (7) days from today.
The main case to proceed to hearing on 2nd June, 2016.
Mention on 13th April, 2016 for probation report.
DELIVERED, SIGNED AND DATED THIS 7TH DAY OF APRIL, 2016.
...…...............
M. MUYA
JUDGE
In the presence of;
1. Mr. Lopokoyoit for the State
2. Mr. Maengwe for the Accused/Applicant
3. Hillary- court assistant