[2008] KEHC 232 (KLR)
The court found that the applicants had demonstrated a real and imminent fear of arrest arising from a family land dispute involving 300 acres, where the threat of police action appeared to be used as leverage in the dispute. Recognizing the matter as fundamentally a family dispute, the court exercised its...
Source-derived case information.
- Citation
- [2008] KEHC 232 (KLR)
- Parties
- Applicant: David Tanui Lelei; Applicant: Standley Tanui Lelei; Respondent: The Hon. Attorney General; Respondent: The Kipkelion Officer Commanding Station; Respondent: The Kipkelion Officer in Charge of Crime
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 9 of 2008
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail granted.
- Legal Topics
- Anticipatory Bail, Family Land Disputes, Police Powers, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Tanui Lelei
Applicant
Standley Tanui Lelei
Applicant
The Hon. Attorney General
Respondent
The Kipkelion Officer Commanding Station
Respondent
The Kipkelion Officer in Charge of Crime
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicants are entitled to anticipatory bail due to fear of imminent arrest by the police.
- 2 Whether the dispute is primarily a family land dispute warranting court intervention through anticipatory bail.
Ratio Decidendi
The court found that the applicants had demonstrated a real and imminent fear of arrest arising from a family land dispute involving 300 acres, where the threat of police action appeared to be used as leverage in the dispute. Recognizing the matter as fundamentally a family dispute, the court exercised its discretion to grant anticipatory bail to protect the applicants' liberty and prevent potential abuse of police powers. The court ordered that the applicants be released on a free bond of Kshs. 100,000 each and required them to present themselves to the police when called upon, thereby balancing the interests of justice and the applicants' rights.
Court Disposition
Application for anticipatory bail granted.
Orders
- The applicants are granted anticipatory bail.
- Each applicant to be released on a free bond of Kshs. 100,000.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CR. MISC. APP. 9 OF 2008
DAVID TANUI LELEI ……….............………………………… 1ST APPLICANT
STANDLEY TANUI LELEI ………............…………………….2ND APPLICANT
VERSUS
THE HON. ATTORNEY GENERAL ……..…..........………. 1ST RESPONDENT
THE KIPKELION OFFICER COMMANDING STATION . 2ND RESPONDENT
THE KIPKELION OFFICER IN CHARGE OF CRIME ....3RD RESPONDENT
RULING
ANTICIPATORY BAIL
I: Background
1. Applicant 1 and 2 are brothers. They come from a large family having three houses. Their father Lelei Mutai is now aged 78 years old. According to the applicant 1 and 2, he is incapacitated due to his old age.
2. The 1st house, consisting of one Esther Chelangat Mutai is alleged to have quarreled or fallen out of favor with the husband. She left her matrimonial home but due circumstances not mentioned herein was forced to return to her husbands’ land with her children. Likewise the 2nd house consisting of Ann Mutai, who is mother to applicant 1 and 2 quarreled and or fell out with her husband Lelei Mutai. The third wife Rudia Mutai is now in control of a vast 300 acres.
3. Believing that she is out to evict the applicant 1 and 2 from the land, the said applicants came to Court for anticipatory bail because they believed that the OCS Kipkelion Police station intention is to have them arrested was very eminent.
4. They filed this application whereby they prayed that this Court grants them anticipatory bail. The two rely on the affidavit of David Tanui Lelei. They also rely on previous proceedings between the 1st house and their father. Their house i.e. 2nd house and their father.
Application 9th October, 2008
5. The fears of being arrested and or evicted from the 300 acres of land is and or appears eminent for the two applicants. I accordingly grant the application noting that this is really a family dispute.
6. The Court grants the following orders.
i) That this Court arrests the 1 and 2 applicants and accordingly give them bail in anticipation of arrest.
ii) That the two applicants do avail themselves to the police when called upon whilst on bail of Kshs. 100,000/= free bond each.
iii) That these orders be directed to the 1, 2 and 3 respondents herein.
DATED this 20th day of November, 2008 at Kericho.
M.A. ANG’AWA
JUDGE
Advocates
W.K. Ngetich instructed by M/S Wheldon Ngetich & Co. advocates for the 1st and 2nd Applicants
R.K. Koech instructed by the Attorney General for the 1st, 2nd and 3rd Respondents