REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E004 OF 2026
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
WILLY KIPRONO KINGETWO …….…………………….…ACCUSED
BOND RULING
(1) The accused person is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the 3 rd day of February, 2026, at about 1700hrs at Ayatia village, Kinyach Sub-Location in Baringo North Sub-County, within Baringo County murdered one JEBOSHA CHESEREK.
(2) He pleaded not guilty on 21/4/2026.
(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
(4) 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
(5) 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.
(6) The PACS ordinarily provides the court with social inquiry reports/bail information on accused persons. A pre-trial report was filed on 5/5/2026. 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]
(7) The report states that the accused person had a formal education up to standard three at Ayatia Primary School. He dropped out of school and started working as a herder to the family cattle and later on he started doing farming activities on the family land. He is married to two wives and three children .
(8) The report further states that during the social inquiry; the secondary victims available included the victim’s sons, two nephews and a daughter. They all opposed the accused person being admitted into bond because they are still bitter over what they say the accused person did and his safety at the community is not guaranteed though his family has relocated to another place.
(9) On community ties the report state s that t he local administration ( not clear who that is) was interviewed stated that the accused person is well known as one of the community members who sells and manufactures local brew. That tension had forced the accused person’s family to relocate elsewhere for their own safety and that the victim’s family are still very bitter and they might decide to revenge back. That he was chairing a meeting for reconciliation between the two families and the accused could only be released upon agreement . Further the accused’s family cattle, goats were all taken by the victim’s clan.
(10) Clearly the accused person has family and is not a flight risk. The family has moved from the area where the alleged offence was committed, and the rest is fear
(1) 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?
(2) 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.
(3) 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. [2]
(4) 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.
(5) 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.
(11) In the circumstances, I am of the view that there is no compelling reason to deny the accused bond
(12) The accused person is admitted to bond of Ksh 300,000 with a surety of similar amount.
RULING dated signed and delivered this 12 th May 2026
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
[2] Bail and Bond Policy Guidelines 2015
RULING(Bond) KABRANET HCCRC E004 Page 2 of 2 R vs WILLY KIPRONO KINGETWO
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E004 OF 2026
REPUBLIC ……………………………………………………..PROSECUTOR
VERSUS
WILLY KIPRONO KINGETWO …….…………………….…ACCUSED
BOND RULING
(1) The accused person is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. It was alleged that on the 3 rd day of February, 2026, at about 1700hrs at Ayatia village, Kinyach Sub-Location in Baringo North Sub-County, within Baringo County murdered one JEBOSHA CHESEREK.
(2) He pleaded not guilty on 21/4/2026.
(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
(4) 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
(5) 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.
(6) The PACS ordinarily provides the court with social inquiry reports/bail information on accused persons. A pre-trial report was filed on 5/5/2026. 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]
(7) The report states that the accused person had a formal education up to standard three at Ayatia Primary School. He dropped out of school and started working as a herder to the family cattle and later on he started doing farming activities on the family land. He is married to two wives and three children .
(8) The report further states that during the social inquiry; the secondary victims available included the victim’s sons, two nephews and a daughter. They all opposed the accused person being admitted into bond because they are still bitter over what they say the accused person did and his safety at the community is not guaranteed though his family has relocated to another place.
(9) On community ties the report state s that t he local administration ( not clear who that is) was interviewed stated that the accused person is well known as one of the community members who sells and manufactures local brew. That tension had forced the accused person’s family to relocate elsewhere for their own safety and that the victim’s family are still very bitter and they might decide to revenge back. That he was chairing a meeting for reconciliation between the two families and the accused could only be released upon agreement . Further the accused’s family cattle, goats were all taken by the victim’s clan.
(10) Clearly the accused person has family and is not a flight risk. The family has moved from the area where the alleged offence was committed, and the rest is fear
(1) 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?
(2) 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.
(3) 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. [2]
(4) 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.
(5) 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.
(11) In the circumstances, I am of the view that there is no compelling reason to deny the accused bond
(12) The accused person is admitted to bond of Ksh 300,000 with a surety of similar amount.
RULING dated signed and delivered this 12 th May 2026
Mumbua T Matheka
Judge
FOOTNOTES
[1] Bail and Bond Policy Guidelines 2015
[2] Bail and Bond Policy Guidelines 2015
RULING(Bond) KABRANET HCCRC E004 Page 2 of 2 R vs WILLY KIPRONO KINGETWO