REPUBLIC OF KENYA
IN THE HIGH COURT AT ELDORET
HCCRC E015 OF 2024
REPUBLIC ......................................................................DPP
VERSUS
EMMANUEL WAFULA WANYONYI
(alias WADABWA)……………………………………………...ACCUSED
RULING
- The accused is charged with the offence of murder under section 204 of the Penal Code.
- After plea the accused prayed that he be released on bond, the court directed that a Bail Information Report be filed
- 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;-
- That the accused went into hiding after the incident and was arrested 4 years later. For this reason, he is a flight risk.
- That the accused poses a serious threat to the public safety, as he is known to use violence to intimidate the public.
- That he is likely to interfere with witnesses.
- That because he uses alcohol and drugs that impairs his judgment. His chances of re-offending are high.
- For these reasons the report does not recommend the release of the accused on bond pending the hearing and determination of the case.
- 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.
- Right to appeal 14 days.
Read Dated and Signed at ELDORET on 24th Day of October 2024
E. OMINDE
JUDGE