Republic v Chebii [2025] KEHC 2320 (KLR) | Bail And Bond | Esheria

Republic v Chebii [2025] KEHC 2320 (KLR)

Full Case Text

Republic v Chebii (Criminal Case E022 of 2024) [2025] KEHC 2320 (KLR) (6 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2320 (KLR)

Republic of Kenya

In the High Court at Iten

Criminal Case E022 of 2024

E Ominde, J

February 6, 2025

Between

Republic

Prosecutor

and

Joshua Kiprotich Chebii

Accused

Ruling

1. On the mention date of 6th February 2025, the Prosecution stated to Court that the mention was to confirm the filing of the Pre Bail Report which she confirmed had been filed. She stated that the same was favourable and the Prosecution had no objection to the accused being released on bond. She asked that the date of 8th April already fixed for hearing be confirmed.

2. Mr. Tarigo for the accused prayed that the bond terms be very lenient for reasons that the accused comes from a very humble background. They also prayed that they be supplied with the committal bundles. The Court then Ruled as follows;

3. The Court does not sit on the 2nd week of the month in Iten and so the hearing date of 8th Aprill 2025 must have been given in error. The same is therefore vacated and the hearing now fixed for 6th May 2025.

4. Given that the Pre-Bail Report is favourable and the Prosecution is not opposed to Bond, Counsel prays for lenient bond for reasons that the accused comes from a very humble background. That may be so but the Court is also duty bound to take into account the fact that the charge is serious and the maximum sentence is the death penalty.

5. Further that there is also a complainant who has rights that needs to be protected and affirmed as provided under Article 50 (9) of the Constitution and the Victim’s Protection Act.

6. The bond must therefore not only be fair, but also reasonable. For these reasons the accused is to be released on a Personal Bond of Ks. 500,000/- with one similar surety of the same amount. A copy of the committal bundle is to be availed to the defence within the next 14 days.

READ, DATED AND SIGNED AT ITEN ON 6THFEBRUARY 2025E. OMINDEJUDGE