Case ID:180250

Republic v Obadiah Kipkorir Ngeno [2021] eKLR

Case Metadata

Case Number:

Criminal Case 20 of 2020

Parties:

Republic v Obadiah Kipkorir Ngeno

Date Delivered:

26 Jul 2021

Case Class:

Criminal

Court:

High Court at Bomet

Case Action:

Ruling

Judge(s):

Roseline Lagat-Korir

Citation:

Republic v Obadiah Kipkorir Ngeno [2021] eKLR

Advocates:

Mr. Murithi for the State

Ms. Chepkemoi for the Accused

Court Division:

Criminal

County:

Bomet

Advocates:

Mr. Murithi for the State

Ms. Chepkemoi for the Accused

History Advocates:

Both Parties Represented

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT BOMET

CRIMINAL CASE NO. 20 OF 2020

REPUBLIC........................................................PROSECUTOR

VERSUS

OBADIAH KIPKORIR NGENO..............................ACCUSED

RULING

1. The application before me seeks that the Accused person Obadiah Kipkorir Ngeno be released on bail pending trial. It is a review application.

2. In the ruling delivered on 25

th

February 2021, the court denied the Accused bond for reason that there was extreme hostility on the ground which was likely to jeopardise his safety. A bail information report filed on 9

th

July 2021 shows that the families of the Accused and the deceased were now engaged in a traditional reconciliation exercise. This means that the extreme hostility towards the release of the Accused on bail pending his trial has waned. I consider this to be changed circumstances which warrant a review of the court’s earlier ruling.

3. Article 49 (i) h of the Constitution it provides that:-

“An arrested person has the right to be released on bond or bail on reasonable conditions, pending a charge or trial unless there are compelling reasons not to be released.”

4. In this review application, the prosecution has not brought forth any compelling reasons. As stated above, the reason for which the court had denied the Accused bail no longer exists. It has also been submitted that the Accused is not a flight risk and shall attend his trial.

5. I exercise my discretion to grant him bail on the following conditions:-

i. He shall post a personal bond of Kshs.300,000/= and provide 2 sureties of similar amount each.

ii. He shall not interfere with witnesses in any way.

iii. He shall attend court whenever required and shall not impede the trial in any way.

6. Orders accordingly.

RULING DELIVERED, DATED AND SIGNED THIS 26

TH

DAY OF JULY, 2021.

..........................

R. LAGAT-KORIR

JUDGE

Ruling delivered in the presence of the Accused, Defence Counsel Ms. Chepkemoi, Mr. Murithi for the DPP, and Kiprotich (Court Assistant).