Republic v Bernard Steve Kipkorir & Moses Kibet Ruto [2022] KEHC 1238 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.9 OF 2019

REPUBLIC............................................................PROSECUTOR

VERSUS

BERNARD STEVE KIPKORIR.........................1ST ACCUSED

MOSES KIBET RUTO......................................2ND ACCUSED

RULING

1. The Application coming for consideration in this ruling is the one dated 1/2/2022 seeking for orders that the 2nd Accused person be released on reasonable bond.

2. The Application is supported by the Affidavit of MOSES KIBET RUTO, the 2nd Accused person herein in which he has deposed that he has not applied for bond since he was charged in court.

3. The 2nd Accused person further deposed that he was charged alongside the 1st Accused person BENARD STEVE KIPKORIR whose bond was denied in a ruling delivered on 29/5/2020 for reasons that he had threatened his sisters.

4. The Probation Officer filed a Pre – bail Report in respect of the 2nd Accused person dated 18/2/2022 in which he gave details of the 2nd Accused person’s social background.

5. The Report is favourable as it states that the 2nd Accused person is not considered a flight risk and further that both the family of the 2nd Accused person and the deceased are not opposed to the 2nd  Accused being released on bond.

6. I find that there are no compelling reasons to warrant this court to deny the 2nd Accused person bond.

7. Article 49 (i) of the Constitution of Kenya 2010 provides as follows;

(1) An arrested person has a right –

(h)to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

8. In the current case, I find that there are no compelling reasons to warrant the 2nd Accused person not to be granted bond.

9. Every Accused person is presumed innocent until found guilty.  For that reason I direct the 2nd Accused be released on bond of Kshs.300,000/= with one surety of similar amount.

10. The hearing of this case will be on 14/6/2022.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE