REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO.9 OF 2019 REPUBLIC............................................................PROSECUTOR VERSUS BERNARD STEVE KIPKORIR.........................1ST ACCUSED MOSES KIBET RUTO......................................2ND ACCUSED RULING 1. The Application coming for consideration in this ruling is the one dated 1/2/2022 seeking for orders that the 2 nd Accused person be released on reasonable bond. 2. The Application is supported by the Affidavit of MOSES KIBET RUTO, the 2 nd Accused person herein in which he has deposed that he has not applied for bond since he was charged in court. 3. The 2nd Accused person further deposed that he was charged alongside the 1 st Accused person BENARD STEVE KIPKORIR whose bond was denied in a ruling delivered on 29/5/2020 for reasons that he had threatened his sisters. 4. The Probation Officer filed a Pre – bail Report in respect of the 2 nd Accused person dated 18/2/2022 in which he gave details of the 2nd Accused person’s social background. 5. The Report is favourable as it states that the 2 nd Accused person is not considered a flight risk and further that both the family of the 2 nd Accused person and the deceased are not opposed to the 2nd Accused being released on bond. 6. I find that there are no compelling reasons to warrant this court to deny the 2 nd Accused person bond. 7. Article 49 (i) of the Constitution of Kenya 2010 provides as follows; (1) An arrested person has a right – (h)to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released. 8. In the current case, I find that there are no compelling reasons to warrant the 2 nd Accused person not to be granted bond. 9. Every Accused person is presumed innocent until found guilty. For that reason I direct the 2 nd Accused be released on bond of Kshs.300,000/= with one surety of similar amount. 10. The hearing of this case will be on 14/6/2022. DELIVERED, DATED AND SIGNED AT KERICHO THIS 25TH DAY OF MARCH, 2022. A. N. ONGERI JUDGE
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