Republic v Oirere (Criminal Case E007 of 2026) [2026] KEHC 7001 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 7001 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CRIMINAL CASE E007 OF 2026 SIFUNA NIXON, J MAY 20, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND CHRISTINE MORAA OIRERE ................................................................. ACCUSED RULING 1. The Accused Christine Moraa Oirere is charged with two counts of murder. She has denied committing the ofiences. The facts of Count I are that, on the 10thJanuary 2026 at around 06.00 hours at Bomarongo Village, Nyatike Sub-location, Bumonyara Location, Tabaka Division of Gucha South Sub-County in Kisii County, she murdered Morgan Nyabuto. The facts of Count II are that, she on the same day 10th January 2026 at around the same time 06.00 hours in the same village, murdered Emmanuel Oirere. 2. She pleaded not Guilty to on both counts, and thereafter applied for bail/bond. The prosecution opposed her release on bail/bond. This Court then deferred the Application and directed the Kisii County Probation Office to file a Pre-bail Report on the Accused’s suitability for bail/bond. 3. The Report which was filed in this Court on 13th March 2026, was unfavourable to her, as it stated that the Accused is suitable for release on bond or bail. But that her exact place of abode if released was uncertain. 4. The Report is only recommendational and not binding on the Court. Even after receiving a Pre-bail Report, a will still have to prudently consider all the prevailing circumstances and relevant factors such as whether the Accused is a flight risk; whether there is a likelihood of the Accused interfering with the witnesses; the safety of the Accused upon release on bail/bond; whether the Accused has a fixed and known place of abode; the history of the Accused while on bail previously; and any other relevant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7001/eng@2026-05-20 1
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factors- in this case for instance persons whose murders the accused is charged with, were her own children. 5. Notably, although the ofience of murder is bailable and bail is a constitutional right, given the seriousness of the ofience and the penalty if convicted, the chances of flight are high. In this case, the Pre-bail Report has reported that she is not a flight risk. Further that, the community is not hostile to the Accused, and her close family is still supportive and likely to accommodate her if released on bail/bond. 6. Although the Report is not binding on this Court, I am persuaded that the Accused is suitable for release on bail/bond; provided it is on terms that are commensurate with the seriousness of the charges she is facing. 7. I accordingly grant her bail/bond on the following terms: a. That the Accused is granted a bond of Ksh 300,000= (Kenya Shillings Three Hundred Thousand) with a surety of a similar amount. b. Given the rampant nature of abscondment in this Court in other cases, the surety should be made aware of his/her responsibility as surety, and of the consequences should the Accused abscond. c. The Accused is also reminded of the need to abide the bond terms, and attend court without fail whenever her case comes up. DATED AND DELIVERED AT KISII ON THIS 20TH DAY OF MAY 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7001/eng@2026-05-20 2
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