REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAROK CRIMINAL CASE NO. E004 OF 2026 (CORAM: HON. CHARLES M. KARIUKI – J) SYLIVESTER KITITA ESHO Alias KEN ESHO…………………..……..1ST ACCUSED JULIUS TIALILA…………………………………………………..………..2ND ACCUSED -VRSREPUBLIC…………………………………………….………………...……………..ODPP RULING ON BOND 1. The accused No. 1 is charged with offence of murder which he has pleaded not guilty, via his counsel he applied to be released on bond, but the prosecution opposed same and prosecution sought to investigate accused 1’s documents uses to back his application. 2. Initially the court was to make a ruling on 30/04/2026. However, there was a letter from Molo Sub County Hospital which was disputed in terms of authenticity. An officer from hospital appeared before this court on 27/04/2026 and he denied authenticity of same. 3. Subsequently, ordered the accused 1 medical conditions be diagnosed by the Narok Referral Hospital which by a treatment note – Consultant sheet dated 18/06/2026 confirmed his conditions needs continuous treatment and dietary adjustment. NAROK HCCRC NO. E004 OF 2026 Page 1 of 2
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4. The prison has not confirmed whether some adjustment can be available in the institution settings and its budgetary component. 5. The Investigating Officer’s Affidavit sworn on 20/04/2026 depones that accused No. 1 has been issuing threats through relatives. But no affidavit or disclosure of the relatives who are so doing nor any investigation to the effect and action taken disclosed. 6. Article 49 of the Laws of Kenya, 2010 places burden of proof of compelling reasons for denial of bond upon prosecution. 7. In this case no establishment of some grounds have been proffered and proved sufficiently thus, the court will therefore grant Bail/Bond with stringent conditions namely; 1. The accused shall be released on bond upon executive a bond of Kshs. 500,000/= with 1 surety of similar mount. 2. He shall not contact any prosecution witness directly or indirectly, 3. He shall be reporting to the DCI, Narok North Office every 1st week of the month with effect from 03/07/2026. 4. In event he is released on bond. 8. Orders accordingly. DATED, SIGNED, AND DELIVERED AT NAROK THIS 26TH DAY OF JUNE, 2026. ………………………………………… CHARLES KARIUKI JUDGE NAROK HCCRC NO. E004 OF 2026 Page 2 of 2
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