Republic v David Moseti & 1 other

Republic v Moseti & another (Criminal Case E004 of 2025) [2025] KEHC 16483 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 16483 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CRIMINAL CASE E004 OF 2025 JK SERGON, J OCTOBER 30, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND DAVID MOSETI ...................................................................................... 1ST ACCUSED EDNA KWAMBOKA ENARIKO ......................................................... 2ND ACCUSED RULING 1. David Moseti And Edna Kwamboka Enariki being the 1st and 2nd Accused Persons respectively, are before this Court jointly facing a charge of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. 2. The duo have now applied to be admitted to bail/bond pending trial. The Applicants have argued that there are no compelling reasons to deny them bail/bond. 3. The Accused Persons pointed out that they were previously denied bond for want of relevant information to enable the Court make a determination on the Application of bond. 4. The Applicants provided information indicating that they are not a flight risk and that they have a fixed aboard. 5. The Republic indicated that it is not opposed to the accused persons being released on bond. Under Article 49 (h) of the Constitution, an Accused Person is entitled to be released on bond unless compelling reasons are shown to exist. 6. In this case, no compelling reasons have been shown to exist. In the circumstances, I am convinced that the Accused Persons are entitled to bond/bail pending trial. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16483/eng@2025-10-30 1

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