[2015] KEHC 800 (KLR)
The court found that the applicant had raised serious issues regarding alleged breaches of his fundamental rights by the Anti-Terror Police. To prevent further harassment and to ensure fairness, the court exercised its discretion to grant the applicant bond pending his appearance at the Isiolo Police Station. The...
Source-derived case information.
- Citation
- [2015] KEHC 800 (KLR)
- Parties
- Applicant: Abdirazak Noor Maalim; Respondent: Republic; Respondent: Inspector General of Police; Respondent: Director of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 53 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Bond Application Prior to Charge
- Outcome
- Application for bond pending arrest and charge granted.
- Judges
- RPV Wendoh
- Legal Topics
- Bail and Bond, Fundamental Rights, Pretrial Release
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdirazak Noor Maalim
Applicant
Republic
Respondent
Inspector General of Police
Respondent
Director of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Bond Application Prior to Charge
Legal Issues
- 1 Whether the applicant is entitled to bond pending arrest and charge.
- 2 Whether there has been a breach of the applicant's fundamental rights by the Anti-Terror Police.
Ratio Decidendi
The court found that the applicant had raised serious issues regarding alleged breaches of his fundamental rights by the Anti-Terror Police. To prevent further harassment and to ensure fairness, the court exercised its discretion to grant the applicant bond pending his appearance at the Isiolo Police Station. The court held that granting bond would avert harassment and arbitrary arrest, and directed the applicant to present himself to the police for charging or further directions, thereby balancing the interests of justice and the applicant's constitutional rights.
Court Disposition
Application for bond pending arrest and charge granted.
Orders
- The applicant to execute his own bond of Kshs.300,000 pending arrest and/or charge.
- The applicant to appear before OCS, Isiolo on 15/12/2015 to be charged or given other directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. CRIMINAL CASE NO. 53 OF 2015
ABDIRAZAK NOOR MAALIM .............……….…………APPLICANT
V E R S U S
REPUBLIC.........................................................................................1ST RESPONDENT
INSPECTOR GENERAL OF POLICE .............................................. 2ND RESPONDENT
DIRECOR OF CRIMINAL INVESTIGATIONS ..................................... 3RD RESPONDENT
RULING
I have considered the application made by the applicant, the affidavit and documents annexed. It raises serious issues of alleged breach of fundamental rights by the Anti-Terror Police. For the reasons stated in the application, the court is of the view that it is only fair that the applicant be granted bond to avert harassment and arrest till he presents himself to the Isiolo Police Station to be charged or directions given by the OCS.
I hereby grant the orders that:
The applicant do execute his own bond of Kshs.300,000/= pending arrest and or charge;
The applicant to appear before OCS, Isiolo on 15/12/2015 to be charged or given other directions.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 10TH DAY OF DECEMBER, 2015.
R.P.V. WENDOH
JUDGE
10/12/2015
PRESENT
Mr. Kiogora for Applicant
Mr. Mulochi for 3rd Respondent
Ibrahim/Peninah, Court Assistants