Republic v Barkwang [2023] KEHC 21323 (KLR)

Republic v Barkwang (Criminal Case E005 of 2023) [2023] KEHC 21323 (KLR) (31 July 2023) (Ruling)

Neutral citation: [2023] KEHC 21323 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case E005 of 2023

CM Kariuki, J

July 31, 2023

Between

Republic

Prosecutor

and

Peter Yatich Barkwang

Accused

Ruling

1. The accused is charged with murder, where he is said to have murdered Ann Wanja on 26th May 2021 at Manguo Sub-Location in Nyahururu Sub-County within Laikipia County.

2. He pleaded not guilty to the offense, and he, via his Advocate, sought to be released on bond. The Prosecution opposed the application and cited that after an incident in May 2021, he ran away into hiding until 2023, when he was arrested in his hideout in Subukia, thus describing him as a flight risk.

3. I have perused the Probation Bail Report (PBR) and statements on the background of the incident, and I found that the Accused is a flight risk and a fact even corroborated by his family.

4. Thus, the Probation Bail Report (PBR) is negative.

5. I find the accused may never appear in court for trial if released on bail; thus, he will be tried while in custody.

DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 31ST DAY OF JULY 2023. .................................CHARLES KARIUKIJUDGE