https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11666
The application succeeded because the Respondent raised no objection and the Court accepted the Applicant's unequivocal undertaking to return to Kenya and surrender the passport, while also relying on the constitutional presumption of innocence and right to liberty.
Source-derived case information.
- Citation
- [2026] KEHC 11666 (KLR)
- Parties
- Applicant: GAO CHUNTIAN; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E116 of 2026
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Temporary Release of Passport
- Outcome
- Application allowed.
- Judges
- ["AM Muteti"]
- Legal Topics
- Temporary Release of Passport, Right to Liberty, Presumption of Innocence, Undertaking to Return to Court, Medical Travel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GAO CHUNTIAN
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Temporary Release of Passport
Legal Issues
- 1 Whether the Applicant should be granted temporary release of her passport for medical travel to China.
- 2 Whether the Applicant's undertaking to return to Kenya and surrender the passport was sufficient to justify release.
Ratio Decidendi
The application succeeded because the Respondent raised no objection and the Court accepted the Applicant's unequivocal undertaking to return to Kenya and surrender the passport, while also relying on the constitutional presumption of innocence and right to liberty.
Court Disposition
Application allowed.
Orders
- The Applicant's passport shall be released to her temporarily.
- The passport shall be returned to the court on or before 10th July 2026.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **THE HIGH COURT AT NAIROBI** **CRIMINAL DIVISION** **HC. CRIMINAL MISC. APPL. NO. E116 OF 2026** **GAO CHUNTIAN---------------------------------------------------- APPLICANT** **VERSUS** **REPUBLIC-----------------------------------------------------------RESPONDENT** **RULING** The Applicant seeks temporary release of her passport vide an application dated 18th June 2026. The applicant intends to travel briefly to China for medical reasons. The ODPP is not opposed to the temporary release of the passport to her for the purpose. The court is persuaded that since the Applicant has unequivocally undertaken to return to Kenya and return the passport to court, there would be no reason to decline the request for temporary release. Accordingly, since the applicant is still considered innocent under **Article 50** of the **Constitution** and **Article 29** guarantees her right to liberty, the application is allowed. The applicant shall have the passport released to her temporarily to be returned to the court on or before the 10th July 2026. It is so ordered. **DATED, SIGNED and DELIVERED at NAIROBI this 23RD day of JUNE 2026**. **A. M. MUTETI** **JUDGE** **In the presence of:** Court Assistant: Habiba Owino for the Applicant Mogere for Respondent