Republic v Elijah [2023] KEHC 20484 (KLR)

Republic v Elijah (Criminal Case E012 of 2023) [2023] KEHC 20484 (KLR) (18 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20484 (KLR)

Republic of Kenya

In the High Court at Kabarnet

Criminal Case E012 of 2023

RB Ngetich, J

July 18, 2023

Between

Republic

Respondent

and

Cyrus Kipkosgei Elijah

Accused

Ruling

1. The accused Cyrus Kipkosgei Elijah has been charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. Particulars are that on May 23, 2023 at unknown time at Kiling’ot village, Kaptum Sub-Location, Ossen Location in Baringo North Sub-County within Baringo County murdered Meshack Kiprotich.

2. The charge and its full particulars were read over to the accused on June 14, 2023. He denied the charge and its particulars. The State Counsel informed the court that they are not opposed to bond. The court called for prebail report to assist the court to know sentiments of victim’s family and Local Administration before determining bond terms.

3. Prebail report was filed on July 14, 2023. From the report, the deceased was accused’s nephew. The victim’s family indicate that they have dismissed the matter as a family and are not opposed to accused being granted bond. They said after emotions have cooled down, the family will stand surety for him. The Local Administration indicate that they will go as per wishes of the victim’s family.

4. In view of the above, there are no compelling reasons to deny accused bond and will set bond terms as hereunder.

Final Orders:-Accused may be released on bond of Kshs 500,000/= with one surety of a similar amount.

RULING delivered, dated and signed in Open Court atKabarnetThis 18th Day ofJuly 2023. …………….……………………RACHEL NGETICHJUDGEIn the presence of:Mr Kemboi - Court Assistant.Ms Kogo for the Accused.Accused present.Ms Ratemo for State.2| 2 Page