Republic v Evans Kipyegon Ng’etich [2022] KEHC 2377 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BOMET

CRIMINAL CASE NO.9 OF 2020

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

VERSUS

EVANS KIPYEGON NG’ETICH.........................ACCUSED

RULING

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 that on the 22nd day of April,2020, at Raiya village of Bomet Township sub location within Bomet County murdered Risper Chelangat.

2. The Accused took plea on 30th June, 2020 before Ongeri J. and denied the charge.  On the same day, learned defence counsel Mr. Ngetich asked the court to direct that a pre-bail report be filed to aid in his bond application.  The court directed accordingly and a pre-bail report was filed on 3rd August, 2020.

3. The bond application was subsequently prosecuted on 26th October, 2020. In a ruling dated 28th October,2020, the court disallowed the application.  In denying the applicant bond, the court considered the hostility on the ground and the tension between the respective families of the accused and the deceased which was likely to compromise the safety of the accused.

4. The Accused now seeks a review of the aforestated ruling. The application for review was made orally by Mr. Kipngetich the defence counsel on 3rd February, 2022.  In urging the application, Counsel asked the court to review its earlier ruling and grant the accused favourable bond terms.  He stated that the accused was not a flight risk and would attend court when required.  In responding to the application, Mr. Muriithi for the state submitted that they were not opposed to the application if the pre-bail report was positive.

5. I have considered the review application.  It is clear that in seeking the review, counsel for the applicant did not address the reasons why the accused had been denied bond in the first instance.  A review is only allowed where there is a clear demonstration of changed circumstances.

6. In this case the court had denied the applicant bond after considering his own safety. The court also noted that the deceased was the wife of the accused and that there was palpable tension between their respective families.  The court, after taking all factors into consideration, exercised discretion to deny the accused bond. These factors have not been addressed in the review application.

7. I have therefore not found changed circumstances to warrant a review of the ruling.  The accused is at liberty to file a review application once the trial has started and the prosecution witnesses who are family members have testified.  The review application is thus rejected.

8. Orders accordingly.

RULING DELIVERED, DATED AND SIGNED THIS 10TH DAY OF FEBRUARY, 2022

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R. LAGAT-KORIR

JUDGE

Ruling delivered in the presence of Mr. Koech holding brief for the Accused, Mr. Muriithi for the State and Kiprotich (Court Assistant)