Republic v Kirui [2025] KEHC 4175 (KLR)

Republic v Kirui (Criminal Case E004 of 2024) [2025] KEHC 4175 (KLR) (1 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4175 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E004 of 2024

PN Gichohi, J

April 1, 2025

Between

Republic

Prosecutor

and

Amos Kiplagat Kirui

Accused

Ruling

1. The history of this matter in regard to bond is that the prosecutor had opposed bond for reasons on record and after hearing the parties, this Court rendered a ruling 18/4/2024 dismissing the Objection or for reasons on record. The accused was released on a bond of Ksh.500,000/= with a surety of similar amount.

2. The role of a surety is well cut in law. He has now expressed his apprehension in regard to accused’s attendance in Court when and as required. He wishes to withdraw as a surety and has so stated on oath.

3. Despite the sentiments by both defence counsel and the prosecution counsel, the issue of bond is being personal. It is the surety who will greatly suffer in event the accused jumps bond. It is for that reason that he cannot be forced to continue as a surety in the circumstances.

4. Pursuant to that, he is now discharged as a surety. The surety documents be released to him.

5. The accused person still at liberty to deposit Ksh.500,000/= as cash bail or secure another surety for the bond of Ksh.500,000/=. He is now remanded in custody.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 1STDAY OF APRIL, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr Matoke for AccusedMr Kihara for the StateRuto, Court Assistant