[2023] KEHC 24895 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of anticipatory bail, given the credible apprehension of arrest on alleged trumped up charges related to ongoing civil litigation. The court balanced the applicant's constitutional rights to liberty and fair process against...
Source-derived case information.
- Citation
- [2023] KEHC 24895 (KLR)
- Parties
- Applicant: Davis Nathan Celogoi; Respondent: Director of Public Prosecution; Respondent: Inspector General of Police; Respondent: Directorate of Criminal Investigation; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E007 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail granted with conditions.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Arrest and Detention, Constitutional Rights, Criminal Investigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Davis Nathan Celogoi
Applicant
Director of Public Prosecution
Respondent
Inspector General of Police
Respondent
Directorate of Criminal Investigation
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or charge.
- 2 Whether the respondents should be restrained from arresting or charging the applicant in relation to Nairobi ELC 312 of 2009.
- 3 Whether the respondents can continue investigations or prefer charges against the applicant while anticipatory bail is in force.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of anticipatory bail, given the credible apprehension of arrest on alleged trumped up charges related to ongoing civil litigation. The court balanced the applicant's constitutional rights to liberty and fair process against the public interest in investigation and prosecution of crime. Accordingly, the applicant was admitted to anticipatory bail of KES 100,000, with the condition that he present himself for questioning as directed. The court clarified that the respondents retain the right to investigate or charge the applicant, but may not arrest or detain him while the anticipatory bail is in...
Court Disposition
Application for anticipatory bail granted with conditions.
Orders
- The application is certified urgent.
- The applicant is admitted to anticipatory bail in the sum of KES 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
24 paragraphs
Celogoi v Director of Public Prosecution & 3 others (Miscellaneous Criminal Application E007 of 2023) [2023] KEHC 24895 (KLR) (7 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24895 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E007 of 2023
DR Kavedza, J
November 7, 2023
Between
Davis Nathan Celogoi
Applicant
and
Director of Public Prosecution
1st Respondent
Inspector General of Police
2nd Respondent
Directorate of Criminal Investigation
3rd Respondent
Attorney General
4th Respondent
Ruling
1. The applicant, Davis Nathan Celogoi, has through a Notice of Motion application dated 26th October, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicant further seeks orders restraining the respondents their servants, agents from arresting or pressing charges against him with regards to matters forming the subject matter in Nairobi ELC 312 of 2009.
2. The motion which is brought under Articles 20, 22, 23(1), 29, 47, 48, 49 and 50 of the Constitution and sections 123 and 123A of the Criminal Procedure Code is supported by the affidavit of the applicant of even date. The applicant avers that respondents intend to press trumped up charges of forgery and forcible entry against him with regards to subsisting suits in the ELC Court at Nairobi.
3. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest him and they shall not detain him in view of order (b) above or until further orders of the court.d.The applicant’s advocates are further directed to escort the applicant to the DCI Kilimani Police Station for questioning and or interview on 10th November, 2023. e.Upon such investigations, the DPP (1st respondent) is at liberty to present any charge against the applicant in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.File closed.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 7TH DAY OF NOVEMBER 2023. ...........................................D. KAVEDZAJUDGE