Republic v Mutai [2022] KEHC 11014 (KLR)

Republic v Mutai (Criminal Case E022 of 2021) [2022] KEHC 11014 (KLR) (20 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11014 (KLR)

Republic of Kenya

In the High Court at Bomet

Criminal Case E022 of 2021

RL Korir, J

June 20, 2022

Between

Republic

Prosecution

and

Evans Kibet Mutai

Accused

Ruling

1. Evans Kibet Mutai 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 October 23, 2021 at Kiptenden Village, Cheptilal Sub-location, Koiwa Location in Bomet Central Sub-County within Bomet County murdered Festus Keter.

2. The case came up for pre-trial directions on March 3, 2022 when defence counsel, Mr Koske made an application for the accused to be granted favourable bond terms.

3. In urging the application counsel made reference to the bail information report filed by the probation officer on November 23,2021 which he said was favourable to the accused. Counsel further submitted that the accused was not a flight risk, would attend court whenever required and abide by any conditions attached to the bond.

4. Two pre-bail assessment reports were filed in this case. The first one was dated November 24,2021. This report stated that the accused was a young businessman with a young family. That the accused and deceased were friends and that their respective families were related by marriage. That the deceased’s family was not opposed to the accused’s release on bond though they felt that it was too early and they were still hurting from the loss. The report recommended that the accused be released on bond as he was not a flight risk and his father was willing to stand surety for him.

5. When the matter came up on March 23, 2022, prosecution counsel told the court that their office had received a protest from the family of the victim that they had not been interviewed by the probation officer who filed the report. County Probation officer one Kipyegon admitted to the court that their officer had not captured views of the victim’s as he had not visited the home.

6. A second pre-bail probation officers report was filed on April 4, 2022. The report stated that both the accused’s and deceased’s families including community members were interviewed. The report states that some of the relatives and local community members were bitter and vengeful. On the basis of the interviews the probation officer recommended that the accused be denied bond to allow tempers to cool and harmony to be restored.

7. Mr Muriithi for the state submitted that he had perused the report and found it not favourable to the accused. He left the matter to the discretion of the court.

8. I have considered the application. Article 49(i) of the Constitution provides that a suspect is entitled to bond unless there were compelling reasons. In this case the social inquiry report states that the deceased lived in the same locality and that there were tension on the ground as the family of the deceased was yet to come to terms with the loss of deceased. Their strong opposition to the release of the accused on bond does not anger well for his safety and community harmony.

9. Having considered the circumstances of this case, I exercise my discretion not to grant the accused bail at this stage. He is at liberty to renew the application once the situation on the ground improves.

10. Orders accordingly.

Ruling delivered, dated and signed at Bomet this 20th day of June, 2022. ..........................R LAGAT-KORIRJUDGERuling delivered in the presence of Mr Muriithi for the state, Mr Koske for the accused and Kiprotich (court assistant).