Republic v Ruto [2023] KEHC 23973 (KLR)

Republic v Ruto (Criminal Case E002 of 2023) [2023] KEHC 23973 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23973 (KLR)

Republic of Kenya

In the High Court at Kabarnet

Criminal Case E002 of 2023

RB Ngetich, J

October 19, 2023

Between

Republic

Prosecution

and

Moses Kipchirchir Ruto

Accused

Ruling

1. The accused Moses Kipchirchir Ruto has been charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. Particulars of the charge being that the accused on diverse dates between 27th September,2021 to 10th October, 2021 at Molo River in Mogotio Location within Baringo County the accused murdered Purity Chebet.

2. On the 24th July,2023 the charge and its full particulars were read over and explained to accused who denied and a plea of not guilty was entered. The court made an order for pre-bail report to be availed to assist the court in determining bond terms.

3. Prebail report dated 18th September, 2023 was filed by the Probation Officer. From the report, the accused’s parents are deceased; he had two siblings but one is deceased. He never went to school and has been doing casual jobs from a tender age until the time of his arrest.

4. The victim’s family are opposed to accused being released on bond for fear of interference with witnesses; that he is a threat to deceased’s family who live in fear of attack; that the accused had stayed with the deceased only for three years and are still bitter with the accused.

5. The community said the accused is of good character; has never shown any anti-social behavior; that the accused was mostly working in irrigation farms and has had good working relationship with his colleagues and has not been suspected of anything.

6. The local administrator said accused is a well-known in the area but he is not a trustworthy person and a flight risk. He said the accused lived with relatives at Kapsigiroi village but not many people knew him in the area as most of the time he was staying away from home doing casual jobs at irrigation farms. He added that accused’s life is in danger as the community is still hostile towards his actions.

Determination 7. Under Article 49(1)(h) of the Constitution, an arrested person has the right to be released on bond or bail on reasonable conditions pending a charge or trial unless there are compelling reasons not to be released.

8. Accordingly, Section 123A of the Criminal Procedure Code, Chapter 75 of the Laws of Kenya provide as follows:-(1)Subject to Article 49(1)(h) of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular—(a)the nature or seriousness of the offence;(b)the character, antecedents, associations and community ties of the accused person;(c)the defendant's record in respect of the fulfilment of obligations under previous grants of bail; and;(d)the strength of the evidence of his having committed the offence;(2)A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person—a.has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody;b.should be kept in custody for his own protection.

9. Paragraph 4. 9 of Bail and Bond Policy Guidelines provide that in terms of substance, the primary factor considered by the courts in bail decision-making is whether the accused person will appear for trial if granted bail. The Guidelines then offer the following non-exhaustive factors for consideration in bail applications:a.The nature of the charge or offence and the seriousness of the punishment to be meted if the accused person is found guilty.b.The strength of the prosecution case.c.The character and antecedents of the accused person.d.The failure of the accused person to observe bail or bond terms.e.The likelihood of interfering with witnesses.f.The need to protect the victim or victims of the crime.g.The relationship between the accused person and the potential witnesses.h.The best interest of child offenders.i.The accused person is a flight risk.j.Whether the accused person is gainfully employed.k.Public order, peace and security.l.Protection of the accused persons.

10. The overarching objective of bail is to ensure the accused attends his trial. Relevant matters to be considered are as set out above. Even though the prosecution is not opposed to bond, sentiments of the local administration clearly show that the community are not ready to accept community back awaiting trial. For accused’s safety, I am inclined to deny accused bond at this stage of the trial.

11. Final Orders : -1. Accused is denied bond.2. Accused may reapply bond when circumstances change.

RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 19TH DAY OF OCTOBER 2023. RACHEL NGETICHJUDGEIn the presence of:Accused present.Mr. Murunga for accused.Ms Ratemo for State.