Republic v Rotich [2025] KEHC 4769 (KLR)

Republic v Rotich (Criminal Case E013 of 2024) [2025] KEHC 4769 (KLR) (4 April 2025) (Ruling)

Neutral citation: [2025] KEHC 4769 (KLR)

Republic of Kenya

In the High Court at Kilgoris

Criminal Case E013 of 2024

CM Kariuki, J

April 4, 2025

Between

Republic

Prosecution

and

Amos Kiprono Rotich

Accused

Ruling

1. The accused is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. He denied the offence and thus the matter is at bond/bail eligibility stage.

3. The court called for PBR report to determine the suitability state of the accused release on bond. The report calls for differing the grant on bond on ground that he may not be welcomed by the community. The probation officer did not manage to get the sentiments of the victim’s side (family) as was not able to reach them, the evidence in the report is scanty as an issue of threat to accused’s life. There is no previous record of crime on the accused’s side.

4. This court can safely conclude that there are no compelling reasons to deny accused bail/bond.

5. The provisions of Article 49(i) (h) of the constitution of Kenya of 2010 prescribe the right of bail to accused person charged in court. The burden is always on the prosecution to prove the existence of compelling grounds for denial of bail/bond.

6. In this case, I find that burden is not discharged. Thus, the court grants applicant/accused in the following terms.

7. The applicant/accused shall be released on bail for Kshs.300,000/= or personal bond of Kshs.500,000/= with one surety of equal amount.

DATED, SIGNED, AND DELIVERED AT KILGORIS THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 4TH DAY OF APRIL ., 2025. …………………………….HON. CHARLES KARIUKIJUDGE