Republic v Faith Cherotich [2020] KEHC 1246 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL CASE NO. 27 OF 2019

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

VERSUS

FAITH CHEROTICH........................................ACCUSED

RULING ON BAIL

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 9th day of December, 2019, at about Boito Market, Boito sub location, Konoin Sub County within Bomet County murdered Dominic Ogatchi Sosi.

2. The Accused took plea on 18th December, 2019 before Dulu J.  When the matter came up before on 25th November, 2020, defence counsel made an oral application for the accused to be granted bail pending trial. While praying for reasonable bond terms, Counsel submitted that the accused was a resident of Bomet County and was not a flight risk. On his part, Mr Mureithi learned Principal Prosecution Counsel, submitted that the Prosecution were not opposed to the grant of bond and asked the court to rely on the pre bail probation report while exercising discretion to grant or not to grant bond.

3. The pre - bail report was filed on 3rd November 2020. It states that the Accused is aged 18 and has one child whose age is not stated. The report further states that the parents of the Accused were supportive of her being granted bond and were ready to stand surety. The report however has no victim impact statement for reason that the victims of the family of the deceased could not be traced.

4. Article 49(1)(h) of the Constitution grants an accused person the right to bail bond pending trial unless there were compelling reasons. Such compelling reasons must be brought to the attention of the court by the State. In this case, the prosecution did not oppose the application but left the matter to the discretion of the court and only urged the court to consider the pre bail report.

5. Following the above, I am persuaded that there were no compelling reasons to deny the Accused bail. She is granted bail on the following conditions:-

i. She shall post cash bail of Kshs. 300,000/= with one surety of similar amount.

ii. As an alternative to 1 above, the accused shall execute a personal bond of Kshs 500,000/= and provide 2 sureties of Kshs. 500,000/= each.

iii. The Accused shall attend court whenever required and shall not impede the trial in any way.

6. Orders accordingly.

Ruling delivered, dated and signed this 3rd day of December, 2020.

...................................

R. LAGAT-KORIR

JUDGE

Ruling delivered in the presence of the Accused, Defence Counsel Mr. Cheruiyot holding brief for Mr Ngeno, Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).