Republic v Chemwotei (Criminal Case E009 of 2024) [2026] KEHC 8216 (KLR) (29 May 2026) (Ruling) Neutral citation: [2026] KEHC 8216 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KABARNET CRIMINAL CASE E009 OF 2024 TM MATHEKA, J MAY 29, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND SAMSON CHEMWOTEI ............................................................................. ACCUSED RULING 1. The accused person Samson Chemwotei is charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the ofience are that on the 26th day of June, 2024, at Kapinderem village, Kapluk Sub-Location in Baringo North Sub-County within Baringo County, murdered Lucy Chepkuto. 2. Plea was taken on 25/7/2024. He pleaded not guilty before Hon Ng’etich J (as she then was). 3. One witness testified on 30/4/2025, another on 28/10/2025. On 26/11/2025 the prosecution expressed the possibility of entering a nolle prosequi. 4. On 19/9/2025, the accused person was denied bond on the grounds that he was a flight risk, and that his safety was not guaranteed pursuant to the report by PACs dated 26/9/2024. 5. The accused now seeks review of the bond ruling – as directed by the court that he could seek review after same time. 6. I have considered the PACs report dated 25/5/2026. The family of the deceased are bitter with accused – and alleged that there has been interference with witnesses. However, no such report has been made to the DPP that the prosecution witnesses have been interfered with. The PACs officer should be the first person to inform the persons they interview of these matters. It is not enough to just state – if they have genuine fears the same should be reported to the police who are dealing with the matter – otherwise – it remains mere suspicion. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8216/eng@2026-05-29 1
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7. It is also important for them to be aware of the presumption of innocence which is a Constitutional right that goes hand in hand with the right to be released on bond unless there are compelling reasons. 8. In the circumstances – the accused person is admitted to bond of Kshs. 200,000/= with one surety of the amount. RULING DATED SIGNED AND DELIVERED VIRTUALLY THIS 29TH MAY 2026 MUMBUA T MATHEKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8216/eng@2026-05-29 2
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