Republic v Peter Cheruiyot Towett [2019] KEHC 6335 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.36 OF 2018

REPUBLIC.........................................PROSECUTION

VERSUS

PETER CHERUIYOT TOWETT.............ACCUSED

RULING ON BAIL

1. Before me is a Notice of Motion dated 6th February 2019 seeking that the accused person herein be released on bail/bond pending trial.

2. The application was filed with a Supporting Affidavit sworn by the accused on 6th February 2019 in which it was deponed that the accused will keep away from witnesses and that the will abide by any conditions set by the court.

3. A pre-bail report signed by Isaak Rotich, a Probation Officer, Kericho was filed on 16th January 2019 stating that the accused and the deceased family are neighbours, and that the deceased’s family were still hostile, but left it to the court to make an appropriate decision in the bail application.

4. The Learned Assistant Director of Public Prosecution Mr. Ayodo informed the court that the prosecution did not have any compelling reasons to oppose bail.

5. Under Article 49 (1) (h) of the Constitution  of Kenya 2010 every arrested person has a right to be released on bond or bail provided there are no compelling reasons to justify denial of bail.  The prosecution has informed the court that they have no compelling reasons to oppose bail.

6. The Probation Officer in his pre-bail report says that the deceased family, which is a neighbouring family is still hostile.

7. I am also aware that the case has not commenced, as no witness has testified as yet.  However, taking all the circumstances of the case in mind, and the fact that the accused has sworn in his affidavit that he will keep away from witnesses, I find no reason to deny him bail.

8. I thus allow the application and order as follows-

1. The accused will be released on signing his own bond of kshs.500,000/= with one surety of similar amount.

2. In the alternative he will be released on payment of cash bail of kshs.700,000/-.

3. He will keep the peace and not interfered with any prosecution witnesses.

4. He will attend all mentions and the hearing of this case until it is finalized.

Dated at Kericho this 26th day of June 2019.

George Dulu

JUDGE