[2023] KEHC 21569 (KLR)
The court found that the application raised issues of urgency and potential threat to the applicant's liberty, warranting certification as urgent. The court did not make a final determination on the merits of anticipatory bail or conservatory orders but directed that the respondents be served and given an...
Source-derived case information.
- Citation
- [2023] KEHC 21569 (KLR)
- Parties
- Applicant: Nancy Kigunzu Indoveria; Respondent: Directorate of Criminal Investigations; Respondent: Inspector General of Police; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E329 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Application for Conservatory Orders and Anticipatory Bail
- Outcome
- Application certified urgent; directions issued for service and responses; matter set for mention.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Conservatory Orders, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Kigunzu Indoveria
Applicant
Directorate of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Application for Conservatory Orders and Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to conservatory orders and anticipatory bail pending investigation or arrest.
- 2 Whether the application meets the threshold for certification as urgent.
Ratio Decidendi
The court found that the application raised issues of urgency and potential threat to the applicant's liberty, warranting certification as urgent. The court did not make a final determination on the merits of anticipatory bail or conservatory orders but directed that the respondents be served and given an opportunity to respond. The matter was set for mention to give directions after responses are filed, ensuring due process and fair hearing for all parties.
Court Disposition
Application certified urgent; directions issued for service and responses; matter set for mention.
Orders
- The application is certified urgent.
- The applicant is directed to serve the respondents with the application before end of business day today.
Full Case Text
Judgment text and source record
21 paragraphs
Indoveria v Directorate of Criminal Investigations & 2 others (Miscellaneous Criminal Application E329 of 2023) [2023] KEHC 21569 (KLR) (Crim) (21 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21569 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E329 of 2023
DR Kavedza, J
August 21, 2023
Between
Nancy Kigunzu Indoveria
Applicant
and
Directorate of Criminal Investigations
1st Respondent
Inspector General of Police
2nd Respondent
Director of Public Prosecution
3rd Respondent
Ruling
I have considered the Notice of Motion application dated August 21, 2023 filed under certificate of urgency and the supporting affidavit of the applicant of similar date in which she seeks conservatory orders and anticipatory bail, and order as follows:i.That the application is certified urgent.ii.The applicant is directed to serve the respondents with the application before end of business day today.iii.The respondents are directed to file their respective responses on or before August 23, 2023. iv.The matter will be mentioned on August 24, 2023 for directions.
RULING DATED AND DELIVERED VIRTUALLY IN THE ABSENCE OF THE PARTIES ON THE 21ST DAY OF AUGUST 2023. ______________D. KAVEDZAJUDGE