- With respect to the issue of whether or not the court should release the accused persons on bond pending the hearing and determination of this case, pre-bail repots with respect to each accused dated 16.10.2024 was filed.
- The consensus between the prosecution and the defence is that the reports are not favourable and I will therefore not belabour the contents of the said rreports. However, Counsel Mr. Kiplagat submitted that in in view of the comments of the reports, there are members of the accused families that are willing to accommodate them outside of Marakwet East where the incident occurred and the court has taken note of this submission.
- The same notwithstanding the court notes that the report (pre-bail) with respect to the 1st accused states that some relatives of this accused have been threatening witnesses. This is an assertion that the court cannot ignore particularly because one of the compelling reasons that would lead to the denial of bond even as bond is a constitutionally guaranteed right as provided under Article 47(1) (h) as if it is shown that an accused person may interfere with witnesses if released on bond.
- For this reasons, I am satisfied that not only is the ground hostile and so
releasing the accused on bond will not only endanger their safety but may lead to a breach of the peace in the locus in quo, but also that, the possibility of the accused persons interfering with the witness also exists.
- For this reason, the application for bond is denied.
Read Dated and Signed at ELDORET on 21st November 2024
E. OMINDE
JUDGE