[2015] KEHC 1578 (KLR)
The court found that there was no opposition to the bail application and that the accused persons had demonstrated they were not flight risks and would comply with bail conditions. In the absence of compelling reasons to deny bail, and in line with constitutional and statutory provisions, the court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 1578 (KLR)
- Parties
- Applicant: Republic; Defendant: Lilian Ayuma Atiato; Defendant: Pamela Atieno Odende
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 51 of 2015
- Procedural Posture
- Criminal Case / Ruling on Bail Application
- Outcome
- Bail granted to both accused persons pending trial, subject to conditions.
- Legal Topics
- Bail Pending Trial, Murder Charge, Flight Risk Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lilian Ayuma Atiato
Defendant
Pamela Atieno Odende
Defendant
Procedural Posture
Criminal Case / Ruling on Bail Application
Legal Issues
- 1 Whether the accused persons should be admitted to bail pending trial for the offence of murder.
Ratio Decidendi
The court found that there was no opposition to the bail application and that the accused persons had demonstrated they were not flight risks and would comply with bail conditions. In the absence of compelling reasons to deny bail, and in line with constitutional and statutory provisions, the court exercised its discretion to grant bail to both accused persons, subject to stringent terms to secure their attendance at trial.
Court Disposition
Bail granted to both accused persons pending trial, subject to conditions.
Orders
- Each accused person to execute a bond of KES 1,000,000 with one surety of the same amount.
- Alternatively, each accused person may pay cash bail of KES 500,000.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 51 OF 2015
REPUBLIC.............................................PROSECUTOR
VERSUS
LILIAN AYUMA ATIATO...........................1ST ACCUSED
PAMELA ATIENO ODENDE......................2ND ACCUSED
RULING
Lilian Ayuma Atiato, 1st accused, and Pamela Atieno Odende, 2nd accused person are charged with the murder of David Gichuki Kareri contrary to section 203 read with section 204 of the Penal Code. The offence is alleged to have been committed on 8th day of May 2015 at Mbotela Estate in Makadara District within Nairobi County (sic).
Each of the accused persons filed a Notice of Motion praying to be admitted to bail pending the determination of this case. Both applications are dated 21st July 2015 and filed on the same date. They have annexed respective affidavits in support of each application. The applications are anchored on section 124 of the Criminal Procedure Code and Article 49 (1) (h) of the Constitution.
The application is not opposed by the state but the prosecution counsel asked the court to set stiff terms and conditions of bail.
I have considered the application and the supporting affidavits. The accused persons have told the court that they are citizens of Kenya and they have resided in Kenya all through their lives; that they are not flight risks and that they will abide by the terms and conditions of bail that this court will set.
There being no opposition to the application and after considering the legal provisions governing granting of bail, I hereby admit Lilian Ayuma Atiato and Pamela Atieno Odende to bail pending the hearing and determination of this case. Each of them will execute a bond of Kenya Shillings One Million (Kshs 1,000,000) with one surety of the same amount.In the alternative each accused person is at liberty to pay cash bail of Kenya Shillings Five Hundred Thousands (Kshs 500,000).They are also cautioned about respecting the terms of bail by attending court every time they are called upon to do so. Orders made accordingly.
Dated, signed and delivered in open court this 22nd October 2015.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Ikol, prosecution counsel
Ms Ekin, defence counsel
Ms Lilian Ayuma Atiato, 1st accused
Ms Pamela Atieno Odende, 2nd accused
Mr. Danied Ngumbi, court clerk