[2023] KEHC 23988 (KLR)
The court found that the applicant had demonstrated sufficient apprehension of violation of his constitutional rights to liberty and fair process, arising from threats of arrest in connection with a failed business venture. The court held that anticipatory bail is an appropriate remedy to prevent potential abuse of...
Source-derived case information.
- Citation
- [2023] KEHC 23988 (KLR)
- Parties
- Applicant: Amir Imain Gedi; Respondent: Director Of Criminal Investigations; Respondent: Kilimani Police Station; Respondent: Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E006 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail allowed with conditions.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Right to Fair Trial, Right to Freedom, Criminal Investigation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amir Imain Gedi
Applicant
Director Of Criminal Investigations
Respondent
Kilimani Police Station
Respondent
Director Of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or charge.
- 2 Whether the respondents should be restrained from arresting or detaining the applicant without lawful cause.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient apprehension of violation of his constitutional rights to liberty and fair process, arising from threats of arrest in connection with a failed business venture. The court held that anticipatory bail is an appropriate remedy to prevent potential abuse of police powers and to safeguard the applicant's rights pending investigation. However, the court clarified that the respondents retain the liberty to investigate or charge the applicant, provided that he is not arrested or detained contrary to the anticipatory bail order. The applicant is to cooperate with investigations, and if charged, the trial court will determine bail...
Court Disposition
Application for anticipatory bail allowed with conditions.
Orders
- The application is certified urgent.
- The applicant is admitted to anticipatory bail in the sum of Kshs. 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
22 paragraphs
Gedi v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E006 of 2023) [2023] KEHC 23988 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23988 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E006 of 2023
DR Kavedza, J
October 24, 2023
Between
Amir Imain Gedi
Applicant
and
Director Of Criminal Investigations
1st Respondent
Kilimani Police Station
2nd Respondent
Director Of Public Prosecution
3rd Respondent
Ruling
1. The applicant, Amir Imain Gedi, has through a Notice of Motion application dated 24th October, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicant further seeks orders restraining the respondents their servants, agents, or anyone else deriving authority from the respondents from arresting, detaining or howsoever depriving him his freedom.
2. The motion which is brought under Articles 22, 29, 47, 50 and 165 (3)(b) of the Constitution is supported by the affidavit of the applicant of even date. The applicant avers that he was engaged in business with other business partners, which business never materialized, and as a result, the said business partners want to unjustifiably frustrate him. He is also apprehensive that the respondents are being used to threaten his freedom of movement without any lawful cause.
3. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest him and they shall not detain him in view of order (b) above or until further orders of the court.d.The applicant’s advocates are further directed to escort the applicant to the DCI Kilimani Police Station for questioning and or interview on 30th October, 2023. e.Upon such investigations, the DPP (3rd respondent) is at liberty to present any charge against the applicant in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.The application and the order of this court shall be served upon the respondents within 3 days from the date hereof and the respondents shall upon service, file their responses within 7 days.g.This matter shall be mentioned on 27th November, 2023 for directions.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 24TH DAY OF OCTOBER 2023. _________________D. KAVEDZAJUDGE