1. The accused herein, faces the charge of Murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) Laws of Kenya for which a plea of not guilty was entered. The particulars of the charge were that on 31st December, 2024 at Ng’org’oroi area in Marakwet West Sub-County within Elgeyo Marakwet, he murdered one Evans Kiprono.
2. The accused through his Counsel Ms. Moronge applied to be released on bond on reasonable terms pending the hearing and determination of the case. The prosecution did not oppose the application for bail and the court directed that a Pre-Bail Report to aid the Court in determining and considering the accused person’s suitability to be released on bail be filed. The same dated 27/01/2025 was filed. The Report recommends that the accused person is suitable for bond.
Determination
3. I have considered the application. Under the provisions of Article 49(1)(h) of the Constitution bail is a constitutional right. The said Article provides as follows;
An accused person has the right...: -
(h) to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.
4. Further, by dint of Article 50(2) of the Constitution, every accused person is entitled to the presumption of innocence until proven guilty. However, the right to bail is not absolute and may be restricted and/or denied where there are compelling reasons as adduced and demonstrated by the prosecution. It is therefore upon Prosecution to demonstrate by way on an Affidavit sworn by the Investigating Officer that there exist compelling reasons to warrant the denial of bond to an accused person. However, the decision on whether or not to grant bond is the discretion of the court and in exercising this discretion, the court must seek to strike a balance between protecting the liberty of the individual and safeguarding the proper administration of justice.
5. In this case, the court notes that the prosecution is not opposed to the release of the accused on bond and has therefore not availed any compelling reasons as to why the accused should not be released on bond. Also, the Pre-Bail Report is in favour of the accused release. In light of the above, the accused may be released on a personal bond of Ks. 400,000/- plus one surety of like amount. Right of Appeal 14 days.
Read Dated and Signed at ITEN on 3rd April 2025.
2. The accused through his Counsel Ms. Moronge applied to be released on bond on reasonable terms pending the hearing and determination of the case. The prosecution did not oppose the application for bail and the court directed that a Pre-Bail Report to aid the Court in determining and considering the accused person’s suitability to be released on bail be filed. The same dated 27/01/2025 was filed. The Report recommends that the accused person is suitable for bond.
Determination
3. I have considered the application. Under the provisions of Article 49(1)(h) of the Constitution bail is a constitutional right. The said Article provides as follows;
An accused person has the right...: -
(h) to be released on bond or bail, on reasonable conditions pending a charge or trial, unless there are compelling reasons not to be released.
4. Further, by dint of Article 50(2) of the Constitution, every accused person is entitled to the presumption of innocence until proven guilty. However, the right to bail is not absolute and may be restricted and/or denied where there are compelling reasons as adduced and demonstrated by the prosecution. It is therefore upon Prosecution to demonstrate by way on an Affidavit sworn by the Investigating Officer that there exist compelling reasons to warrant the denial of bond to an accused person. However, the decision on whether or not to grant bond is the discretion of the court and in exercising this discretion, the court must seek to strike a balance between protecting the liberty of the individual and safeguarding the proper administration of justice.
5. In this case, the court notes that the prosecution is not opposed to the release of the accused on bond and has therefore not availed any compelling reasons as to why the accused should not be released on bond. Also, the Pre-Bail Report is in favour of the accused release. In light of the above, the accused may be released on a personal bond of Ks. 400,000/- plus one surety of like amount. Right of Appeal 14 days.
Read Dated and Signed at ITEN on 3rd April 2025.