[2023] KEHC 26990 (KLR)
The court found that there were no compelling reasons presented by the state to deny the accused bail. Although the investigating officer expressed concerns about the accused's likelihood to abscond due to her parents residing in Uganda, the pre-bail report recommended release on bail and the state did not file any...
Source-derived case information.
- Citation
- [2023] KEHC 26990 (KLR)
- Parties
- Respondent: Republic; Accused: Salome Ageyo Liona
- Court
- High Court
- Court Station
- High Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E005 of 2023
- Procedural Posture
- Criminal Appeal / Ruling on Bail Pending Trial
- Outcome
- bail granted with conditions
- Judges
- FN Muchemi
- Legal Topics
- Bail Pending Trial, Compelling Reasons, Pre Bail Report, Flight Risk
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Salome Ageyo Liona
Accused
Procedural Posture
Criminal Appeal / Ruling on Bail Pending Trial
Legal Issues
- 1 Whether the accused should be released on bail pending trial for a charge of murder.
- 2 Whether there are compelling reasons to deny bail as required under the Constitution and Penal Code.
Ratio Decidendi
The court found that there were no compelling reasons presented by the state to deny the accused bail. Although the investigating officer expressed concerns about the accused's likelihood to abscond due to her parents residing in Uganda, the pre-bail report recommended release on bail and the state did not file any affidavit of compelling reasons. The court balanced the concerns raised with the constitutional right to bail and imposed conditions to mitigate flight risk, including a substantial bond and restriction on leaving the court's jurisdiction without permission.
Court Disposition
bail granted with conditions
Orders
- The accused is released on bond of KES 1,000,000 with two sureties of a like amount.
- The accused shall not leave the jurisdiction of this court without its permission.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Liona (Criminal Appeal E005 of 2023) [2023] KEHC 26990 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26990 (KLR)
Republic of Kenya
In the High Court at Thika
Criminal Appeal E005 of 2023
FN Muchemi, J
December 20, 2023
Between
Republic
Respondent
and
Salome Ageyo Liona
Accused
Ruling
1. The accused faces a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The plea was taken on 11th December 2023.
2. The counsel for the state Mr. Machogu requested for time to confirm whether the state was to file an affidavit of compelling reasons. The court granted the state three days within which to file the affidavit of compelling reasons, if any. The court also called for filing of a pre-bail report. This matter came up for confirmation of compliance this morning and the state informed the Court that they had no compelling reasons to oppose release of the accused on bail.
3. It is noted that the Senior Probation Officer one Ms Abeyo filed the pre-bail report on 19th December 2023. I have perused the said report and noted that it recommends release of the accused on bail.
4. It is noted in the report that the accused’s parents live in Uganda and that the investigating officer expressed fear that the accused is likely to abscond if released on bond. However, the court has noted these sentiments which will be accordingly addressed in granting bail.
5. It is hereby ordered that the accused be released on bond of ksh 1,000,000/= with two sureties of a like amount. The accused shall not leave the jurisdiction of this court without its permission.
6. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT THIKA THIS 20TH DAY OF DECEMBER 2023. F. MUCHEMI...........................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR