[2020] KEHC 5080 (KLR)
The court found that the application for anticipatory bail was unopposed and that the applicant had demonstrated a reasonable apprehension of arrest. In the interest of justice and to safeguard the applicant's constitutional rights, the court granted anticipatory bail on the same terms as previously set, subject to...
Source-derived case information.
- Citation
- [2020] KEHC 5080 (KLR)
- Parties
- Applicant: Hussein Ibrahim Mohammed; Respondent: Inspector General of Police; Respondent: Office of the Director of Public Prosecution; Respondent: Director of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 141 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- application for anticipatory bail allowed
- Judges
- DO Ogembo
- Legal Topics
- Anticipatory Bail, Pretrial Rights, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hussein Ibrahim Mohammed
Applicant
Inspector General of Police
Respondent
Office of the Director of Public Prosecution
Respondent
Director of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending investigations.
- 2 Whether conditions should be imposed on the grant of anticipatory bail.
Ratio Decidendi
The court found that the application for anticipatory bail was unopposed and that the applicant had demonstrated a reasonable apprehension of arrest. In the interest of justice and to safeguard the applicant's constitutional rights, the court granted anticipatory bail on the same terms as previously set, subject to conditions ensuring the applicant's cooperation with the investigating authorities and compliance with any summons. The court further ordered that the applicant must present himself to court if charged, and warned that failure to comply with these conditions would result in the issuance of a warrant of arrest.
Court Disposition
application for anticipatory bail allowed
Orders
- Applicant may be on a bond of Ksh.50,000 as initially granted by the court.
- During the pendency of this bond, the applicant shall not be arrested or placed in any custody or cell.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT MILIMANI LAW COURTS
CRIMINAL DIVISION
MISCELLANEOUS CR. APP. CASE NO 141 OF 2020
HUSSEIN IBRAHIM MOHAMMED..................................................APPLICANT
VERSUS
INSPECTOR GENERAL OF POLICE...................................1ST RESPONDENT
OFFFICE OF THE DIRECTOR OF
PUBLIC PROSECUTION.......................................................2ND RESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATIONS..............3RD RESPONDENT
RULING
I have considered the submissions of both learned counsel. This is an application for anticipatory bail. The same is not opposed. I allow the application of the applicant dated 15. 5.2020 and order as follows;-
(i) applicant may be on a bond of Ksh.50,000/= as initially granted by the court.
(ii) During the pendency of this bond, the applicant shall not be arrested and or placed in any custody or cell.
(iii) The applicant is ordered to cooperate with the investigating officer during these investigations and obey all the summonses as may be directed by the investigating office. Such summonses shall, however be issued at and for reasonable terms.
(iv) In case of being charged, the applicant, must present himself to court for plea.
(v) In default of orders iii and iv, warrant of arrest may issue against the applicant
D. O. OGEMBO
JUDGE
5. 6.2020