[2024] KEHC 15754 (KLR)
The High Court at Kibera lacks territorial jurisdiction to entertain an application for anticipatory bail where the investigations are being conducted by the Anti-Terror Police Unit Nairobi, and the proper forum for terrorism-related matters is the Kahawa Law Courts under the supervisory jurisdiction of the Kiambu...
Source-derived case information.
- Citation
- [2024] KEHC 15754 (KLR)
- Parties
- Applicant: Peter Gikonyo Gachiri; Respondent: Director of Public Prosecutions; Respondent: Inspector General of Police; Respondent: Directorate of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E202 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- application struck out for lack of territorial jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Territorial Jurisdiction, Police Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Gikonyo Gachiri
Applicant
Director of Public Prosecutions
Respondent
Inspector General of Police
Respondent
Directorate of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to grant anticipatory bail in a matter investigated by ATPU Nairobi.
- 2 Whether the applicant is entitled to anticipatory bail based on the alleged threat of arrest by ATPU.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to entertain an application for anticipatory bail where the investigations are being conducted by the Anti-Terror Police Unit Nairobi, and the proper forum for terrorism-related matters is the Kahawa Law Courts under the supervisory jurisdiction of the Kiambu High Court. As such, the application for anticipatory bail cannot be entertained or granted by this court, regardless of the merits of the applicant's fears or the circumstances of the alleged threat of arrest. The application is therefore struck out for want of jurisdiction.
Court Disposition
application struck out for lack of territorial jurisdiction
Orders
- The application dated 10th December 2024 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Gachiri v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E202 of 2024) [2024] KEHC 15754 (KLR) (16 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15754 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E202 of 2024
DR Kavedza, J
December 16, 2024
Between
Peter Gikonyo Gachiri
Applicant
and
Director of Public Prosecutions
1st Respondent
Inspector General of Police
2nd Respondent
Directorate of Criminal Investigations
3rd Respondent
Ruling
1. The applicant filed the present application dated 10th December 2024 seeking orders of anticipatory bail. The application is premised on the grounds on the face of the application and the affidavit sworn by the applicant.
2. The averments in paragraph 4 and 5 are that the applicant is at risk of being arrested by the Anti-Terror Police Unit (ATPU) over a dispute involving stocks of a company called Viva Global Limited. That the investigations against him are being conducted by an ATPU officer one Everline Chogo.
3. From the reading of the applicant’s affidavit, the police station conducting investigations against the applicant is ATPU Nairobi. The court vested with jurisdiction to handle Terrorism and related cases is Kahawa Law Courts which falls under the supervisory jurisdiction of Kiambu High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction.
4. The application is consequently struck out.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 16THDECEMBER 2024. ________________D. KAVEDZAJUDGE