[2014] KEHC 7354 (KLR)
The court found that the applicant had merely been summoned to the police station for questioning in relation to an ongoing investigation. There was no evidence presented to show that the police had previously harassed the applicant or unfairly placed him in custody. The apprehension expressed by the applicant was...
Source-derived case information.
- Citation
- [2014] KEHC 7354 (KLR)
- Parties
- Applicant: Daniel Kiprono Kiptum; Respondent: O.C.P.D., D.C.I.O & O.C.S, Eldoret Divisional, through Director of Public Prosecutions North Rift
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 28 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Bail Pending Arrest
- Outcome
- application dismissed
- Legal Topics
- Bail Pending Arrest, Constitutional Rights, Police Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kiprono Kiptum
Applicant
O.C.P.D., D.C.I.O & O.C.S, Eldoret Divisional, through Director of Public Prosecutions North Rift
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Bail Pending Arrest
Legal Issues
- 1 Whether the applicant is entitled to bail pending arrest under the circumstances presented.
- 2 Whether the applicant's constitutional rights and freedoms are under threat of being breached by the police summons.
Ratio Decidendi
The court found that the applicant had merely been summoned to the police station for questioning in relation to an ongoing investigation. There was no evidence presented to show that the police had previously harassed the applicant or unfairly placed him in custody. The apprehension expressed by the applicant was not supported by any concrete facts indicating a real threat to his constitutional rights or liberty. The court held that it is within the police's mandate to summon individuals for investigations and that such action, without more, does not justify the grant of bail pending arrest. Consequently, the application for bail pending arrest was dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application for bail pending arrest is dismissed.
- The applicant is to appear at the police station and assist with investigations.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
MISC CRIMINAL APPLICATION NO. 28 OF 2014
DANIEL KIPRONO KIPTUM.......................................................APPLICANT
VS
O.C.P.D.
D.C.I.O & O.C.S
ELDORET DIVISIONAL
Through
DIRECTOR OF PUBLIC
PROSECUTIONS NORTH RIFT....................................................RESPONDENTS
(Application for bail pending arrest; principles to be applied; applicant having been summoned at the police station; whether case fit for bail pending arrest; No proof of violation of the applicant's constitutional rights; application dismissed)
RULING
The applicant has moved this court under the provisions of Section 66 and 124 of the Criminal Procedure Code and Article 49(1) (h) of the Constitution. He asks that this court be pleased to grant him bail pending arrest.
It is the case of the applicant that he is one of the administrators of the Estate of Jimmy Choge, his late brother. He was appointed as administrator of the Estate of Jimmy Choge in 2008 but he renounced this position in July 2012. In December 2013, he received a call from the CID Eldoret who wanted him to appear and give information to allegations of forgery to which the applicant has stated he has no knowledge of. He was also informed that he was wanted at the office of the OCPD to answer to questions relating to the estate of his late brother. He has further stated that their father, Simeon Kiptum Choge died on 14 December 2013 and arising from his death, there has been pitted a dispute between the three houses that the late Kiptum had.
It is the contention of the applicant that the office of the OCPD could be acting on unfounded allegations based on malice. He is apprehensive that he may be unfairly arrested and put in custody to answer to questions or allegations that are totally strange to him. He has averred that he is apprehensive that his liberty may be curtailed and his freedoms threatened by the impending arrest. It is for these reasons that he wants bail pending arrest.
I have considered the application and the submissions of Mr. P.K. Komen who appeared for the applicant. For one to be entitled to bail pending arrest, he must demonstrate that his fundamental rights and freedoms are under threat of being breached (See W'Njuguna v R (2004) KLR 520 ) .
In this application, I can see that the applicant has been summoned to the police station to answer to certain questions regarding an investigation that the police are conducting. It is the duty of the police to investigate and part of investigations involves calling forth suspects or witnesses. There is nothing wrong in the police summoning a person to the police station to answer to allegations that he has committed a criminal offence. There is nothing imputed to demonstrate that the police have previously harassed him, or placed him in custody unfairly, so as to call forth the apprehension that the applicant's right to liberty, as provided by the Constitution, are under threat.
For the above reasons, I am not convinced that this is a fit case for bail pending arrest. It behoves upon the applicant to appear at the police station and assist police with investigations. I hereby dismiss this application.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 27TH DAY OF JANUARY 2014
JUSTICE MUNYAO SILA
DUTY JUDGE
HIGH COURT AT ELDORET
Delivered in the presence of:
Mr. P.K. Komen for the applicant.