REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E016 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
DOMOLECHA RIARONGOLE ………………………….………ACCUSED
BOND RULING
(1) The accused person is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence is that on the date of 31 st day of October 2025, at Tereria village, Kolowa Sub-Location, Kolowa Location, Kolowa Sub-County within Baringo County, murdered CHEPNONGOR BARTANY Alias MAMA CHELA.
(2) He pleaded not guilty.
(3) The prosecution did not oppose bond as there were no compelling reasons to do as is required by Article 49(1) (h) of the Constitution
(1) Section 123A of the Criminal Procedure Code provides for inter alia that the court in determining bond/bail terms , will take into consideration 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 fulfillment of obligations under previous grants of bail; and;
(d) the strength of the evidence of his having committed the offence
(2) Probation and After Care Services ordinarily provide the Court with Bail information reports on accused persons/ I sought a PBR which was filed on 5 th May 2026.
(3) The report stated that accused person never attended any school, and he became the family herder. He has been doing casual jobs within the community to earn a living. He is married with two wives and in total he has twelve children. The second wife is deceased in this case and she left 6 children who are minors . Social inquiry has revealed that the children who are school going were distributed to various relatives while the last two are at AIC Kolowa orphanage. That the accused person’s communication with the first wife is very minimal and efforts to reach her were futile.
(4) On community ties the local administration, I guess this means the chief, assistant chief, the village elders, Nyumba Kumi et al noted that the accused person is well known to him but the alleged incident happened while he had relocated to stay where his wife comes from. He confirmed that a cultural practice where some livestock and a few properties were taken by the victim’s family and the clan.
(5) the report further states that the accused person is aged 60 years, he has no history previous history his family, the victim’s family and the local administration oppose his release on bond on the ground that his safety back at the community is at risk and if released he might be killed.
(6) I have carefully considered the foregoing. The right to bond is constitutional and there must be compelling reasons to deny the same. What reasons are here?
(7) The prosecution was not aware of these concerns; while they cannot be brushed aside , it is unfortunate that the community takes action to punish the family who were left behind after the arrest of the accused by taking away the family livestock. Then they ought to allow the justice system to which the accused person has been subjected to follow its due process which includes the grant of bond. Bond is an undertaking, with or without sureties or security, entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond. [1]
(8) The is a need to create awareness on this aspect of the criminal justice system. They cannot choose which part of the system to accept: the one that arrests , tries the persons and convicts the person if guilty comes as a package with that part where bond has to be considered because that system has rules ; One of which is that the accused is presumed innocent until proven guilty.
(9) The PACs officers are the link between the community and the system when it comes to this vital aspect of the criminal justice system and it is important for them to not only just to obtain information but also pass on knowledge and information , awareness and to why they do what they have to do.
(10) In the circumstances, I am of the view that there is no compelling reason to deny the accused bond.
(11) Bond terms are to be reasonable taking into account all the circumstances of the matter.
(12) The accused person is granted bond of Ksh 300,000 with a surety of the same amount. The condition is that he should not go to the place where the incident happened.
(13) In addition, the PACs officer in his capacity as an authorised officer under the Children Act , Cap 141 is to liaise with the Children Officer Kabarnet to see to it that a P&C file is opened for the children in of the accused and the deceased because they are children in need of care and protection as per s. 144 of the children act in particular each of those are children is a child ;
( y) who is exposed to any circumstances likely to interfere with his or her physical, mental, psychological and social development;
(bb) who is in conflict with the law or is a witness to, or a victim of, a crime
(14) That file be mentioned before the children Court within two weeks hereof and the preliminary report be placed in this file.
(15) This order be served upon the Children
(16) Orders accordingly. The Order be served upon the PACs office and the Children Officer.
RULING dated, signed and delivered at Kabarnet this 12 th May 2026
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
RULING (bond) KABARNET HCCRC E016 OF 2025 Page 2 of 2 R vs DOMOLECHA RIARONGOLE
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E016 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
DOMOLECHA RIARONGOLE ………………………….………ACCUSED
BOND RULING
(1) The accused person is charged with murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence is that on the date of 31 st day of October 2025, at Tereria village, Kolowa Sub-Location, Kolowa Location, Kolowa Sub-County within Baringo County, murdered CHEPNONGOR BARTANY Alias MAMA CHELA.
(2) He pleaded not guilty.
(3) The prosecution did not oppose bond as there were no compelling reasons to do as is required by Article 49(1) (h) of the Constitution
(1) Section 123A of the Criminal Procedure Code provides for inter alia that the court in determining bond/bail terms , will take into consideration 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 fulfillment of obligations under previous grants of bail; and;
(d) the strength of the evidence of his having committed the offence
(2) Probation and After Care Services ordinarily provide the Court with Bail information reports on accused persons/ I sought a PBR which was filed on 5 th May 2026.
(3) The report stated that accused person never attended any school, and he became the family herder. He has been doing casual jobs within the community to earn a living. He is married with two wives and in total he has twelve children. The second wife is deceased in this case and she left 6 children who are minors . Social inquiry has revealed that the children who are school going were distributed to various relatives while the last two are at AIC Kolowa orphanage. That the accused person’s communication with the first wife is very minimal and efforts to reach her were futile.
(4) On community ties the local administration, I guess this means the chief, assistant chief, the village elders, Nyumba Kumi et al noted that the accused person is well known to him but the alleged incident happened while he had relocated to stay where his wife comes from. He confirmed that a cultural practice where some livestock and a few properties were taken by the victim’s family and the clan.
(5) the report further states that the accused person is aged 60 years, he has no history previous history his family, the victim’s family and the local administration oppose his release on bond on the ground that his safety back at the community is at risk and if released he might be killed.
(6) I have carefully considered the foregoing. The right to bond is constitutional and there must be compelling reasons to deny the same. What reasons are here?
(7) The prosecution was not aware of these concerns; while they cannot be brushed aside , it is unfortunate that the community takes action to punish the family who were left behind after the arrest of the accused by taking away the family livestock. Then they ought to allow the justice system to which the accused person has been subjected to follow its due process which includes the grant of bond. Bond is an undertaking, with or without sureties or security, entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond. [1]
(8) The is a need to create awareness on this aspect of the criminal justice system. They cannot choose which part of the system to accept: the one that arrests , tries the persons and convicts the person if guilty comes as a package with that part where bond has to be considered because that system has rules ; One of which is that the accused is presumed innocent until proven guilty.
(9) The PACs officers are the link between the community and the system when it comes to this vital aspect of the criminal justice system and it is important for them to not only just to obtain information but also pass on knowledge and information , awareness and to why they do what they have to do.
(10) In the circumstances, I am of the view that there is no compelling reason to deny the accused bond.
(11) Bond terms are to be reasonable taking into account all the circumstances of the matter.
(12) The accused person is granted bond of Ksh 300,000 with a surety of the same amount. The condition is that he should not go to the place where the incident happened.
(13) In addition, the PACs officer in his capacity as an authorised officer under the Children Act , Cap 141 is to liaise with the Children Officer Kabarnet to see to it that a P&C file is opened for the children in of the accused and the deceased because they are children in need of care and protection as per s. 144 of the children act in particular each of those are children is a child ;
( y) who is exposed to any circumstances likely to interfere with his or her physical, mental, psychological and social development;
(bb) who is in conflict with the law or is a witness to, or a victim of, a crime
(14) That file be mentioned before the children Court within two weeks hereof and the preliminary report be placed in this file.
(15) This order be served upon the Children
(16) Orders accordingly. The Order be served upon the PACs office and the Children Officer.
RULING dated, signed and delivered at Kabarnet this 12 th May 2026
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
RULING (bond) KABARNET HCCRC E016 OF 2025 Page 2 of 2 R vs DOMOLECHA RIARONGOLE