Republic v Gideon Kiplangat Yegon [2022] KEHC 1389 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BOMET

CRIMINAL CASE NO. E015 OF 2021

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

VERSUS

GIDEON KIPLANGAT YEGON.......................ACCUSED

RULING

1. Gideon Kiplangat Yegon (Accused) is charged with the offence of murder contrary to section 203 as read with Section 204 of the penal code. The particulars are that on the night of 13th and 14th day of August, 2021 at Kapsimbiri Village, within Bomet County, murdered Kenneth Kirui.

2. The Accused took plea on 12th October,2021 and denied the charge. Defence Counsel applied for a bail assessment report. When the matter came up for pre-trial directions on 2nd March,2022 Mr. Kipngetich for the Accused applied that the Accused be released on favourable bond terms.

3. In urging the applications counsel told the court that the contents of the Bail Information Report was not favourable to the Accused. He however submitted that the Accused had a constitutional right to be released on bond. That the Accused was willing to attend court and keep the peace. Counsel further submitted that the deceased and the accused were friends.

4. Mr. Waweru for the prosecution opposed the application and placed reliance on the Probation officer’s report which stated that the safety of the accused would not be guaranteed if released. Counsel urged the court to deny the accused bail for his own safety.

5. In response, Mr. Kipngetich submitted that no one should be allowed to take the law into their hands and that such threats cannot form the bases of denying the Accused bail.

6. I have considered the application. It is true, as submitted by the defence, that the Accused has a right to be granted bail under Article 49(i) h of the Constitution unless there are compelling reasons.

7. The task of demonstrating the compelling reasons lies with the prosecution [See R.V. Danson Mgumya and Kassiu Sheebware Mohammed, 2008 eKLR]

8. In this case the prosecution has relied on the Probation officer’s bail assessment report to pitch for denial of bail.  In the report filed on 8th November,2021 the Probation officer found that the death of the deceased caused great upheaval in the community and that the release of the accused could pose a security threat as the deceased’s family was still bitter.

9. I have considered that the alleged offence was committed on 13th or 14th August 2021 and the report was done on 8th November,2021. It is my view that any tension on the ground must have subsided by now. In the absence of any other compelling reason brought by the State, I exercise my discretion to grant the applicant bond.

10. The applicant shall meet the following conditions: -

(i) Execute a personal bond of Kshs. 300,000/= and provide two sureties of similar amount.

(ii) Upon release, the Applicant shall find alternative residence away from his usual abode in the locality where the offence was committed until such time as he shall move the court to vary this condition.

(iii) He shall keep the peace and not commit any other offence or intimidate witnesses directly or indirectly.

(iv) He shall attend court whenever required.

Orders accordingly.

RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 22ND DAY OF MARCH, 2022.

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

R. LAGAT-KORIR

JUDGE

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