Republic v Chirchir (Criminal Case E026 of 2022)  KEHC 16201 (KLR) (8 December 2022) (Ruling)
Neutral citation:  KEHC 16201 (KLR)
Republic of Kenya
Criminal Case E026 of 2022
RL Korir, J
December 8, 2022
Emmanuel Kipkirui Chirchir
1.The accused Emmanuel Kipkirui Chirchir is charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He is alleged to have murdered Gilbert Kipsigei Langat on October 19, 2022 at Muguliet village in Kapkimolwa location within Bomet County.
2.The accused took plea on November 10, 2022 and denied the charge. His counsel Mr Kenduiwo made an application for bail and requested that a pre-bail report be filed to aid the court in setting the bond terms. The report was filed in court on November 25, 2022.
3.When the matter came up for pre-trial on November 28, 2022 defence counsel urged the court to release the accused on bail. He submitted that the pre-bail report was favourable. That both the family of the victim and that of the accused had no objection to his release. Counsel urged the court to give effect to article 49 (1)(h) of the Constitution as there were no compelling reasons.
4.Mr Njeru, the learned prosecution, counsel while not opposing the application, urged the court to impose conditions that will ensure the accused’s attendance at his trial.
5.Article 49 (1)(h) of the Constitution provides:-
6.It is the duty of the prosecution to demonstrate to the court the existence of any compelling reasons. (see R v Danson Mgunya and another  eKLR)
7.In this case the prosecution has not provided any reasons to warrant denial of bond. I have also looked at the pre-bail report. According to the report both the victims and the relatives of the accused stated that they doubted that the accused was the person who murdered the deceased as the two were very close friends. They called for more investigations stating that the accused faced no danger from the community at all.They were not opposed to the accused being released.
8.Having taken all factors into consideration, I am inclined to grant the accused bond. He is released on condition that:-(i)He executes a bond of Kshs 300,000 and provides one surety of similar amount.(ii)He shall attend court whenever required.
RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 8TH DAY OF DECEMBER, 2022..........................R LAGAT-KORIRJUDGERuling delivered in the presence of Mr Kenduiwo for the Accused, Mr Suter holding brief Mr Njeru for State, and Kiprotich (Court Assistant)