[2017] KEHC 9560 (KLR)
The court found that since the applicant was already on police bond and the respondent had no intention to charge him until investigations were complete, there was no real or imminent threat to the applicant's liberty that would justify the grant of anticipatory bail. The application was therefore deemed an abuse of...
Source-derived case information.
- Citation
- [2017] KEHC 9560 (KLR)
- Parties
- Applicant: Christopher Kyalo Muthama; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 294 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- application dismissed
- Legal Topics
- Anticipatory Bail, Police Bond, Abuse of Process
- 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
Christopher Kyalo Muthama
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or being charged.
- 2 Whether the application is an abuse of the court process given the applicant is already on police bond.
Ratio Decidendi
The court found that since the applicant was already on police bond and the respondent had no intention to charge him until investigations were complete, there was no real or imminent threat to the applicant's liberty that would justify the grant of anticipatory bail. The application was therefore deemed an abuse of the court process. The court emphasized that the law provides adequate mechanisms to safeguard the applicant's fundamental rights should he be charged in the future. Accordingly, the application was dismissed as unmeritorious.
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO 294 OF 2017
CHRISTOPHER KYALO MUTHAMA…..……..………APPLICANT
VERSUS
REPUBLIC …………………………………………..…RESPONDENT
RULING
I have considered the respective submissions by the respective counsel. In the Notice of Motion dated 28th September, 2017, the Applicant prays to be admitted to anticipatory bail pending either his arrest or being charged in a court of law. He has sworn the affidavit in support of the application.
Under paragraph 14 of the said affidavit, the Applicant depones that he is already on police bond. This vindicates the Respondent’s submissions that the Respondent does not wish to charge the Applicant until the investigations are complete. Since the Applicant has been granted police bond, I find this application an abuse of the court process. He should await the completion of investigations and if the police decide to charge him, the law provides for mechanisms by which his fundamental right to freedom shall be safeguarded. The application is unmeritorious and I accordingly dismiss it with no orders on costs.
DATED and DELIVERED this 12thday ofOctober, 2017.
G.W. NGENYE-MACHARIA
JUDGE
In the presence of:
1. Mr. Seda for the Applicant absent
2. M/s Sigei for the 1st and 2nd Respondent
3. Mr. Nikuli for the 3rd Respondent