Republic v Vincent Kiprono Langat & another [2020] KEHC 1208 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL CASE NO. 30 OF 2018

REPUBLIC...............................................................................DPP

VERSUS

VINCENT KIPRONO LANGAT.........................1ST ACCUSED

AMOS KIRUI CHERUIYOT...............................2ND ACCUSED

RULING

1. Vincent Kiprono Langat and Amos Kirui Cheruiyot 1st and 2nd Accused respectively are jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.  They are alleged to have murdered Victor Cheruiyot on the 27th day of October 2018 at 1700hours at Kipleljin Sub-location within Bomet County.

2. The two Accused now seek to be released on bail pending their trial.  In making the application, Mr. Kipngetich their defence counsel asked the court to release them on reasonable bond terms.  Mr. Mureithi for the prosecution submitted that they had no objection if the pre-bail reports were favourable.

3. I have considered the application as well as pre-bail reports in respect of each Accused.  The reports are favourable and recommend that the accused be granted bond subject to the court’s discretion.

4. Article 49(1)(h) of the Constitution grants an accused person the right to bail bond pending trial unless there were compelling reasons. In this case, I have found no compelling reason to deny the Accused bond.

5. Each Accused is granted bail/bond on the following conditions:-

i.  He shall post cash bail of Kshs.500,000/= with one surety of similar amount.

ii. As an alternative to 1 above, each Accused shall execute a personal bond of Kshs.500,000/= and provide 2 sureties of Kshs.500,000/= each.

iii.  He shall not interfere with witnesses in any way.

iv.  He shall attend court whenever required and shall not impede the trial in any way.

6.  Orders accordingly.

Ruling delivered, dated and signed this 30th day of November, 2020.

..........................

R. LAGAT-KORIR

JUDGE

Ruling delivered in the presence of the Accused, Defence Counsel Mr Koskei, Mr. Waweru holding brief for Mr. Mureithi for the DPP, and Kiprotich (Court Assistant).