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JudgmentRepublic VS CALLEB CHEPKAT AND ALEX CHEROP2 min read

Republic VS CALLEB CHEPKAT AND ALEX CHEROP

High Court at Eldoret High Court · · Emily Ominde

  1. The accused persons are charged with the offence of murder under section 203 as read with section 204 of the penal code.
  2. By a notice of motion dated 7th November 2024, the 1st accused prays that he be released on bond pending the hearing and determination of the case. Even though there is no similar application for the 2nd accused, the court will address itself on the issue of his release on bond as well.
  3. The grounds in support of the application are on the face of it.  The same is supported by the facts deposed in the affidavit of the 1st accused. 
  4. Pre-bail report dated 23rd October 2024 were filed by the Probation Officer to guide the court on the issue of bond and I have perused both. Overall, the recommendation in both report is that the families of the deceased persons and particularly the father of the deceased Edwin Kiplagat, as well as the local administration and the security agencies are of the view that because the matter is still fresh and the families of the victims are yet to come to terms with that pain, the possibility of retaliatory attacks exist. 
  5. The family of the victims expressed concern over their safety and also pointed out that the key witness is still at large and so the release of the accused at this early stage may endanger their safety.
  6. I note from the said report that the family of the 1st accused is ready to relocate him to Homabay where his father works, but they say that they have nothing to offer as security. Even though they are willing to stand surety for him.
  7. I have considered all these issues as above summarized.  I agree that the accused persons have a right under Article 49(1) (h) of the Constitution to be released on bond unless there are compelling reasons not to. 
  8. However, I am also alive to the provisions of Section 10 of the Victims Protection Act which provides that in deciding on the issue of bond, the sentiments of the victims must also be taken into consideration.  The victims herein have expressed themselves through the pre-bail report as I have already herein summarized. 
  9. I note from their sentiments that they are not totally opposed to the release of the accused on bond but they are simply saying that their wounds are still fresh and having the accused walking around having been released on bond at this moment and time will be an insult to them.   The local administration agrees and is of the opinion that such a scenario may lead to retaliatory attacks.
  10. In weighing these sentiments, I am satisfied that the ground is still hostile and releasing the accused person on bond at this moment and time will not only endanger their own safety but may also lead to insecurity on the ground in the event that retaliatory attacks take place.
  11. I am further satisfied that the fact that the key witness is still at large leads to the possibility of interference with the witnesses by the accused persons if released before the witness is found, his statement recorded and he be secured if need be.
  12. In this regard the application for the release of the accused on bond is denied.  The same may be revisited once the key prosecution witnesses have testified.

Read Dated and Signed at ELDORET on 21st November 2024

E. OMINDE

JUDGE

    Republic VS CALLEB CHEPKAT AND ALEX CHEROP Republic VS CALLEB CHEPKAT AND ALEX CHEROP