Republic v Geoffrey Cheruiyot Koskei [2019] KEHC 54 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL CASE NO. 1 OF 2019

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

-VERSUS-

GEOFFREY CHERUIYOT KOSKEI......ACCUSED

RULING

1. The accused through Counsel Mr. Kipngetich has applied to be released on bond through an oral request.  The Principal prosecuting Counsel Mr. Murithi does not object to the accused being released on bail.

2. Under Article 49(1) (h) of the Constitution of Kenya 2010, all arrested persons in Kenya are entitled to be released on bail subject to reasonable conditions irrespective of the offence unless there are compelling reasons to deny them bail.

3. The accused is charged with murder, but he is entitled to bail. A pre-bail report done by Ezekiel Lagat a Probation Officer on 5th November, 2019 was filed.  The recommendation is that the accused may be considered for bail.

4. The prosecution does not oppose bail nor have they indicated the existence of compelling reasons.  I do not myself find any compelling reasons to justify denying the accused bail.

5. I thus allow the request for bail and order as follows:-

1. The accused may be released on signing his own bond of kshs.200,000/= with one surety of similar amount.

2. In the alternative, he may be released on payment of cash bail of Kshs.300,000/=.

3. He will not interfere with prosecution witnesses.

4. He will attend every court hearing and mention date of the case until the case is finalized.

Dated and delivered this 7th November 2019.

GEORGE DULU

JUDGE

7/11/2019