[2014] KEHC 4528 (KLR)
The court found that the applicant had not been arrested or charged since filing the application and there was no evidence of an imminent arrest. The facts presented were matters for police investigation, not for the court to pre-emptively intervene. The Constitution already provides safeguards for persons arrested,...
Source-derived case information.
- Citation
- [2014] KEHC 4528 (KLR)
- Parties
- Applicant: Erick Obonyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 18 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- DAS Majanja
- Legal Topics
- Bail Pending Arrest, Constitutional Rights, Pre Arrest Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Obonyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to bail pending arrest under the Constitution.
- 2 Whether there is sufficient apprehension of imminent arrest to warrant the grant of anticipatory bail.
Ratio Decidendi
The court found that the applicant had not been arrested or charged since filing the application and there was no evidence of an imminent arrest. The facts presented were matters for police investigation, not for the court to pre-emptively intervene. The Constitution already provides safeguards for persons arrested, including the right to be brought before a court within 24 hours. Therefore, there was no merit in granting anticipatory bail in the absence of a real and immediate threat to the applicant's liberty.
Court Disposition
application dismissed
Orders
- The application for bail pending arrest is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
MISC. CR. APPL CASE NO. 18 OF 2014
ERICK OBONYO……………………………………… APPLICANT
VERSUS
REPUBLIC ……...………………………………….. RESPONDENT
RULING
The applicant, ERICK OBONYO, has moved this court under Article 19, 22(1) and 29 of the Constitution for orders that, “the court be pleased to grant the applicant bail pending arrest.” According to the deposition sworn on 15th May, 2014 by the applicant, he apprehended that he would be arrested and his constitutional rights violated when he reported an incident involving him and one Bruce who is now deceased.
In my view, the facts outlined in the affidavit, are matters which would be the subject of police investigation. The applicant has not been arrested or charged since he filed the application on 15th May, 2014 and there is no evidence that he will be arrested.
In any event, if he is arrested, Article 49 of the Constitution requires that he is brought to court within 24 hours of his arrest if charges are preferred against him. I do not find any merit in the application and it is consequently dismissed with no order as to costs.
DATED AND DELIVERED AT HOMABAY THIS 18TH DAY OF JUNE 2014
D.S. MAJANJA
JUDGE
COURT: Ruling read and delivered in open court
D.S. MAJANJA
JUDGE
18. 6.2014