1.The accused person is charged with Murder contrary to section 203 as read with section 204 of the Penal Code. It is alleged that on July 30, 2021 at Karandichi village, Tinet Location, Kuresoi, Sub County he murdered Agnes Chepngeno Kurinyet and David Kipng’eno Korir alias Christopher.
2.On December 7, 2021, bond was set at Kshs. 500,000/=with surety of similar amount with an order that the accused stays away from his village for at least one (1) year.
3.The accused has come back to court for review of his bond terms in view of the fact that due to the court’s work load, hearing dates are now next year, his case has been fixed for hearing on February 1, 2023, 1st and March 14, 2023.
4.I requested for a Bail Review Report from Probation and After Care Services. A report was filed on November 2, 2022.
5.The report is dated November 24, 2021. That means it is the report that was filed before bond was granted. At that time there was fear of ………against the accused by members of the family of the deceased. The Probation Officer drew the court’s attention to the fact that the brother of the accused had been attacked by members of the community because he was mistaken for the accused. The area assistant chief was aware of this incident and indicated that the accused would not be safe in the community.
6.A year later, the community cannot be in the same mood, and in any event it is expected that the local administration with the assistance of the Probation and After Care Services, would sensitize the community on the workings of the criminal justice system, and the fact that they are not allowed to take the law into their own hands, and to let the cause of justice take its course.
7.The same Constitution that grant the right to bail, grants the victims protection and places both the accused and the victim on equal places before the law, and the actors in the criminal justice system have the constitutional obligation to bring this to the awareness of the people, that is one way we promote respect to the law, on the committal of one crime is not a licence for people to commit further crimes in revenge.
8.In the circumstances the court is give the powers to give conditional bond.
9.In this case, the accused person has been unable to raise the bond terms granted of Kshs. 500,000/= with surety of similar amount, the report indicates that his family is a family of limited income, and they may not be able to raise the same.
10.Taking into consideration the application for review, and the seriousness of the offence, and the hostility in the community, I allow the application for review in the following terms;
i)Bond is reviewed to Kshs. 500,000/= with two (2) sureties, each one of Kshs. 250,000/=ii)The accused person is to stay away from the village where the offence is alleged to have been committed.Orders accordingly.