Republic v Bernard Kipngetich Rono [2020] KEHC 1260 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL CASE NO. 2 OF 2020

REPUBLIC...................................................................................................DPP

VERSUS

BERNARD KIPNGETICH RONO................................................ACCUSED

RULING ON BAIL

1.   The Accused is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are on the 21 day of January, 2020, at about 0100hrs at Longisa, within Bomet County murdered Bernard Kiprono.

2. The Accused took plea on 3rd March ,2020 before Dulu J and denied the charge. On the same date, Mr. Koske made an application for a social inquiry report to be filed in respect of the accused to aid in his bail application.

3. When the matter came up before me for directions on 25th November,2020, Ms. Chemutai for the defence made the application for the accused to be released on bail pending trial. Learned Counsel submitted that the Accused was not a flight risk. On his part, Mr Mureithi learned Principal Prosecution Counsel, submitted that the Prosecution were not opposed to the grant of bond and left the matter to the discretion of the court.

4. I have considered the application. On record is a pre - bail report in respect of the Accused filed on 27th October, 2020. The report states that the deceased and the accused were cousins who enjoyed a cordial relationship prior to the incident. The family members interviewed attributed the events leading to the death of the deceased to alcoholism on the part of the accused. They however stated that they had no objection to the Accused being granted bond. The victim’s family who are close relatives of the accused are also said to be supportive of his being granted bond.

5. Article 49(1)(h) of the Constitution grants an accused person the right to bail bond pending trial unless there were compelling reasons. In this case, no compelling reason has been brought to the attention of the court. Further, the social inquiry report reveals that there was no hostility towards the accused from his family and community. I am persuaded to grant the accused bail pending trial.

6. The Accused shall meet the following conditions:-

i.  He shall post cash bail of Kshs.300,000/= with one surety of similar amount.

ii. As an alternative to 1 above, the accused shall execute a personal bond of Kshs.300,000/= and provide 2 sureties of Kshs.300,000/= each.

iii. He shall attend court whenever required and shall not impede the trial in any way.

7. Orders accordingly.

Ruling delivered, dated and signed this 3rd day of December, 2020.

..........................

R. LAGAT-KORIR

JUDGE

Ruling delivered in the presence of the Accused, Defence Counsel Ms. Chepkemoi holding brief for Mr. Koske, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).