Republic v Wadabwa [2024] KEHC 12770 (KLR)

Republic v Wadabwa (Criminal Case E015 of 2024) [2024] KEHC 12770 (KLR) (24 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12770 (KLR)

Republic of Kenya

In the High Court at Eldoret

Criminal Case E015 of 2024

E Ominde, J

October 24, 2024

Between

Republic

Prosecution

and

Emmanuel Wafula Wanyonyi alias Wadabwa

Accused

Ruling

1. The accused is charged with the offence of murder under section 204 of the Penal Code.

2. After plea the accused prayed that he be released on bond, the court directed that a Bail Information Report be filed

3. The same dated 4th October 2024 prepared by Emmanuel Kemboi was duly filed. I have read the said report. The same points out the following issues;-1. That the accused went into hiding after the incident and was arrested 4 years later. For this reason, he is a flight risk.2. That the accused poses a serious threat to the public safety, as he is known to use violence to intimidate the public.3. That he is likely to interfere with witnesses.4. That because he uses alcohol and drugs that impairs his judgment. His chances of re-offending are high.

4. For these reasons the report does not recommend the release of the accused on bond pending the hearing and determination of the case.

5. Having read the report and being satisfied that this conclusion is based on factors that have been well laid out and articulated by the probation officer, I adopt the recommendation made and I therefore, deny the accused application to be released on bond pending trial.

6. Right to appeal 14 days.

READ DATED AND SIGNED AT ELDORET ON 24TH DAY OF OCTOBER 2024E. OMINDEJUDGE