[2021] KEHC 6279 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant interim protection by way of anticipatory bail, pending the respondents' response. The court exercised its discretion to grant a personal bond of Ksh.100,000 to the applicant, subject to compliance with conditions, including presenting...
Source-derived case information.
- Citation
- [2021] KEHC 6279 (KLR)
- Parties
- Applicant: George Kamau Ngethe; Respondent: Divisional Criminal Investigation; Respondent: Inspector General; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Constitutional Application E184 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Application for Anticipatory Bail
- Outcome
- Application adjourned; interim anticipatory bail granted on personal bond.
- Judges
- DO Ogembo
- Legal Topics
- Anticipatory Bail, Personal Bond, Pre Arrest Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kamau Ngethe
Applicant
Divisional Criminal Investigation
Respondent
Inspector General
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending investigation or arrest.
- 2 Whether the court should grant a personal bond to the applicant before formal charges are preferred.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant interim protection by way of anticipatory bail, pending the respondents' response. The court exercised its discretion to grant a personal bond of Ksh.100,000 to the applicant, subject to compliance with conditions, including presenting himself to the investigating officer. The bond is to lapse upon arraignment or at the next inter partes hearing, ensuring a balance between the applicant's rights and the interests of justice.
Court Disposition
Application adjourned; interim anticipatory bail granted on personal bond.
Orders
- Application adjourned to enable the respondents to file and serve a replying affidavit.
- Applicant may be released on a personal bond of Ksh.100,000.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO. E184OF 2021
GEORGE KAMAU NGETHE...............................................APPLICANT
VERSUS
DIVISIONAL CRIMINAL INVESTIGATION.........1ST RESPONDENT
INSPECTOR GENERAL...........................................2ND RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS..........3RD RESPONDENT
RULING
Court:
I have considered the submissions of both sides. This matter was brought to court under certificate of urgency. It is for anticipatory bail. I have considered the contents of the affidavit in support of the application. I order as follows;-
i. This application is adjourned to enable the Respondent file and serve a replying affidavit.
ii. In the meantime, the applicant may be on a personal bond of Ksh.100,000/=
iii. The applicant to present himself before the investigating officer, Kabete police station on Monday 14. 6.2021 at 10:00am.
iv. The bond of the applicant to lapse and or extinguish automatically upon the applicant being arraigned in court on the alleged intended charges. In the alternative, same to lapse at the next date of hearing of this application inter parties.
Hearing 29. 6.2021
D. O. OGEMBO
JUDGE
11. 6.2021