Republic v Amos Kiprono Rotich

Republic v Rotich (Criminal Case E013 of 2024) [2025] KEHC 4769 (KLR) (4 April 2025) (Ruling) Neutral citation: [2025] KEHC 4769 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KILGORIS CRIMINAL CASE E013 OF 2024 CM KARIUKI, J APRIL 4, 2025 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND AMOS KIPRONO ROTICH ....................................................................... ACCUSED RULING 1. The accused is charged with the ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. He denied the ofience and thus the matter is at bond/bail eligibility stage. 3. The court called for PBR report to determine the suitability state of the accused release on bond. The report calls for difiering the grant on bond on ground that he may not be welcomed by the community. The probation officer did not manage to get the sentiments of the victim’s side (family) as was not able to reach them, the evidence in the report is scanty as an issue of threat to accused’s life. There is no previous record of crime on the accused’s side. 4. This court can safely conclude that there are no compelling reasons to deny accused bail/bond. 5. The provisions of Article 49(i) (h) of the constitution of Kenya of 2010 prescribe the right of bail to accused person charged in court. The burden is always on the prosecution to prove the existence of compelling grounds for denial of bail/bond. 6. In this case, I find that burden is not discharged. Thus, the court grants applicant/accused in the following terms. 7. The applicant/accused shall be released on bail for Kshs.300,000/= or personal bond of Kshs.500,000/ = with one surety of equal amount. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4769/eng@2025-04-04 1

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