This archive report was first published on 30 October 2019.
On October 29, 2019, High Court Judge Daniel Ogembo made a landmark ruling in the Tob Cohen murder case, releasing Peter Karanja, the second suspect, on a Ksh 4 million bond with two sureties of Ksh 2 million or an alternative Ksh 2 million cash bail.
The judge dismissed an objection by the Director of Public Prosecution to deny Karanja bond, citing concerns that he would interfere with witnesses and be a flight risk due to his lack of a permanent abode.
However, the judge noted that the DPP failed to present any evidence to support these claims, and that Karanja's homes in Nakuru and Gilgil made it possible to locate him if needed.
As a condition of his release, Karanja was ordered not to interfere with state witnesses or communicate with family members of the deceased, who faces a death sentence upon conviction.
The ruling was based on Article 49(h) of the Constitution, which allows courts to release suspects on bond or bail pending a charge or trial, unless there are compelling reasons not to.
The high court relied on an earlier ruling where another suspect in the case, Sarah Wairimu, had been released on bond.
Peter Karanja's case will be consolidated with that of Sarah Wairimu, with a mention date scheduled for November 12, 2019, for further directions.
