[2023] KEHC 20361 (KLR)
The court found that the applicants had demonstrated sufficient grounds for the grant of anticipatory bail, given the urgency and the apprehension of imminent arrest. The court balanced the applicants' right to liberty with the respondents' mandate to investigate and prosecute crime, holding that anticipatory bail...
Source-derived case information.
- Citation
- [2023] KEHC 20361 (KLR)
- Parties
- Applicant: Peter Imwatok; Applicant: Moses Ogeto; Respondent: Director of Public Prosecutions; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E272 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- anticipatory bail granted with conditions
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Pretrial Rights, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Imwatok
Applicant
Moses Ogeto
Applicant
Director of Public Prosecutions
Respondent
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicants are entitled to anticipatory bail to prevent their arrest by the respondents.
- 2 Whether the respondents can proceed with investigations or charges without arresting or detaining the applicants.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds for the grant of anticipatory bail, given the urgency and the apprehension of imminent arrest. The court balanced the applicants' right to liberty with the respondents' mandate to investigate and prosecute crime, holding that anticipatory bail would protect the applicants from arbitrary arrest or detention while not impeding lawful investigations or prosecution. The court clarified that the respondents retained the liberty to investigate and, if necessary, charge the applicants, and that any trial court would be free to set new bail terms or determine bail independently. The anticipatory bail was set at Kshs 100,000...
Court Disposition
anticipatory bail granted with conditions
Orders
- The application is certified urgent.
- The applicants are admitted to anticipatory bail in the sum of Kshs 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
23 paragraphs
Imwatok & another v Director of Public Prosecutions & 2 others (Miscellaneous Case E272 of 2023) [2023] KEHC 20361 (KLR) (Crim) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20361 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E272 of 2023
DR Kavedza, J
July 21, 2023
Between
Peter Imwatok
1st Applicant
Moses Ogeto
2nd Applicant
and
The Director of Public Prosecutions
1st Respondent
The Director of Criminal Investigations
2nd Respondent
The Inspector General of Police
3rd Respondent
Ruling
1. I have considered the originating notice of motion dated July 20, 2023 filed under certificate of urgency and the supporting affidavit Ashioya Biko in which the applicants are seeking anticipatory bail. In the interest of justice, I order as follows:a.That the application is certified urgent.b.That the applicants are admitted to anticipatory bail in the sum of Kenya shillings one hundred thousand (Kshs 100,000) to be deposited in court.c.That for the avoidance of doubt, the 1st, 2nd and 3rd respondents are at liberty to investigate or charge the applicants for any criminal conduct. However, they shall not arrest them (unless the applicants fail to honour their summons) and they shall not detain them in view of order (b) above or until further orders of the court.d.That for further avoidance of doubt, and upon such investigations the DPP (1st respondent) will be at liberty to present any charge against the applicants in any court; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.e.That 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 10 days.f.That this matter be mentioned on September 26, 2023 for directions.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 21ST DAY OF JULY 2023. ........................................D. KAVEDZAJUDGE