Republic v Dominic Kirui Kiprotich & Victor Cheruiyot Yegon [2015] KEHC 3625 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO. 3 OF 2015

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

VS

DOMINIC KIRUI KIPROTICH..............................1ST ACCUSED

VICTOR CHERUIYOT YEGON----------------------------------------2ND ACCUSED

RULING

The Accused/Applicants filed the Notice of Motion dated 5th June 2015 seeking to be released on bond pending the hearing of this case.

They have brought the application under Article 49 (1) (h)of the Constitution.  The Application is supported by the Grounds, accused's affidavits & further affidavits by their fathers.

The State has not filed any response to the Application.  It has also submitted that it does not oppose the Application.

I therefore find that there are no compelling reasons raised to make this Court to deny the accused persons released on bond as enshrined in the Constitution.

I therefore grant each accused a bond of Shs.250,000/= with a surety in similar sum.

If released on bond the Deputy Registrar must give the accused mention dates.  Otherwise there shall be a mention on 15/10/15 for fixing a  hearing date.

Remanded in custody.

Dated, Signed and Delivered in open Court this 23rd day of July, 2015.

H.I. ONG'UDI

JUDGE

In the presence of:

M/s Kivali for state.

Mr. Mutai Julius for accused – present.

Both accused – Present in person.

Hillary/Robert Cheruiyot – Court Assistants.

Interprates:  English/Kipsigis.