REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. 15 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
ROBERT ROTICH CHEPKENER ……………………….………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 21 st day of October 2025, at Kamaa Village of Barwesa, in Baringo West Sub-County within Baringo County, murdered MUSA CHEPKWONY.
(2) He pleaded not guilty on the 11 th November 2025.
(3) A mention date was fixed for the Pre bail Report on 2 nd February 2026
(4) I took over the matter on 21 st April 2026 and took plea afresh.
(5) He pleaded not guilty.
(6) 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.
(7) Bail Report - a social inquiry report based on information generated about the background and community ties of an accused person, and its purposes are to verify information provided to the court by the accused person, to assess the likelihood that the accused person will appear for trial, and enable the court to impose reasonable bail terms and conditions . [1]
(8) The report states
The victim in this case was his biological father. The family members who include the victim’s wife (Accused Mother) and siblings are totally opposed to accused being granted bond/bail. Due to language barrier, we only communicated with the mother (Victims wife) through his son . She is totally opposed to his release on bond claiming that he is a flight risk. She also fears of his life since his siblings and community members are very bitter about him. According to his siblings, death of their father has caused a lot of pain to them and their mother and therefore would prefer him continue with his case while in remand.
the Report states further that
The accused before court is 28 years of age and a father of two children all very young and currently with their mother.
The family members interviewed are very bitter with the accused and none is willing to stand surety for him. All including his mother and elder siblings are of the feeling that if he is released, he is likely to abscond. The area chief also confirmed that the environment is not conducive for his release at this time as the family is very bitter. According to the local elders was rescued by Nyumba Kumi team who offered protection until he was handed over to the police. He is not only likely to abscond in case he is released but also his security cannot be guaranteed at this time .
(9) Section 123A of the CPC 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
(10) The PACs report assists the court in getting a view of the accused person’s background and the social economic circumstances including , associations and community ties. This is important because the social capital of an accused person is among the critical considerations in determining bond terms.
(11) It is evident from the report foregoing that at the moment the accused’s own security is at risk as his own family is a threat to his own life. However, should he get a surety, and be able to live away from home, nothing stops this court from granting him bond. Hence, he is admitted to bond of Ksh 500,000/= with surety of similar amount. On condition that he does not go to his home .
Dated , signed and delivered this 12 th may 2026.
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
RULING (Bond) HCCRC E015 of 2025 Page 2 of 2 R vs ROBERT ROTICH CHEPKENER
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. 15 OF 2025
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
ROBERT ROTICH CHEPKENER ……………………….………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 21 st day of October 2025, at Kamaa Village of Barwesa, in Baringo West Sub-County within Baringo County, murdered MUSA CHEPKWONY.
(2) He pleaded not guilty on the 11 th November 2025.
(3) A mention date was fixed for the Pre bail Report on 2 nd February 2026
(4) I took over the matter on 21 st April 2026 and took plea afresh.
(5) He pleaded not guilty.
(6) 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.
(7) Bail Report - a social inquiry report based on information generated about the background and community ties of an accused person, and its purposes are to verify information provided to the court by the accused person, to assess the likelihood that the accused person will appear for trial, and enable the court to impose reasonable bail terms and conditions . [1]
(8) The report states
The victim in this case was his biological father. The family members who include the victim’s wife (Accused Mother) and siblings are totally opposed to accused being granted bond/bail. Due to language barrier, we only communicated with the mother (Victims wife) through his son . She is totally opposed to his release on bond claiming that he is a flight risk. She also fears of his life since his siblings and community members are very bitter about him. According to his siblings, death of their father has caused a lot of pain to them and their mother and therefore would prefer him continue with his case while in remand.
the Report states further that
The accused before court is 28 years of age and a father of two children all very young and currently with their mother.
The family members interviewed are very bitter with the accused and none is willing to stand surety for him. All including his mother and elder siblings are of the feeling that if he is released, he is likely to abscond. The area chief also confirmed that the environment is not conducive for his release at this time as the family is very bitter. According to the local elders was rescued by Nyumba Kumi team who offered protection until he was handed over to the police. He is not only likely to abscond in case he is released but also his security cannot be guaranteed at this time .
(9) Section 123A of the CPC 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
(10) The PACs report assists the court in getting a view of the accused person’s background and the social economic circumstances including , associations and community ties. This is important because the social capital of an accused person is among the critical considerations in determining bond terms.
(11) It is evident from the report foregoing that at the moment the accused’s own security is at risk as his own family is a threat to his own life. However, should he get a surety, and be able to live away from home, nothing stops this court from granting him bond. Hence, he is admitted to bond of Ksh 500,000/= with surety of similar amount. On condition that he does not go to his home .
Dated , signed and delivered this 12 th may 2026.
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
RULING (Bond) HCCRC E015 of 2025 Page 2 of 2 R vs ROBERT ROTICH CHEPKENER