[2020] KEHC 4498 (KLR)
The court found that the applicant had sufficiently demonstrated a reasonable apprehension of arrest by identifying the relevant police station and investigating officer. The court determined that granting anticipatory bail would not prejudice the respondents and was necessary to protect the applicant's liberty...
Source-derived case information.
- Citation
- [2020] KEHC 4498 (KLR)
- Parties
- Applicant: Issak Ibrahim Kambi; Respondent: Republic; Respondent: County Criminal Investigations Officer; Respondent: Zamzam Construction Company; Respondent: Omar Hussein Ibrahim
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 170 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- anticipatory bail granted to applicant; interim orders issued
- Judges
- DO Ogembo
- Legal Topics
- Anticipatory Bail, Personal Bond, Arrest and Detention, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issak Ibrahim Kambi
Applicant
Republic
Respondent
County Criminal Investigations Officer
Respondent
Zamzam Construction Company
Respondent
Omar Hussein Ibrahim
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to prevent possible arrest by the respondents.
- 2 Whether there is any prejudice to the respondents in granting anticipatory bail to the applicant.
Ratio Decidendi
The court found that the applicant had sufficiently demonstrated a reasonable apprehension of arrest by identifying the relevant police station and investigating officer. The court determined that granting anticipatory bail would not prejudice the respondents and was necessary to protect the applicant's liberty pending further investigation. Accordingly, the court exercised its discretion to grant anticipatory bail on personal bond terms, restraining the respondents from arresting or detaining the applicant during the pendency of the bond, and directed the applicant to present himself to the investigating officer.
Court Disposition
anticipatory bail granted to applicant; interim orders issued
Orders
- Applicant may be on an anticipatory personal bond of Ksh.1,000,000.
- The 1st and 2nd Respondents are restrained from arresting or detaining the applicant over this issue during the pendency of this bond.
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. NO 170 OF 2020
ISSAK IBRAHIM KAMBI .......................................................................APPLICANT
VERSUS
REPUBLIC .....................................................................................1ST RESPONDENT
COUNTY CRIMINAL INVESTIGATIONS OFFICER............2ND RESPONDENT
ZAMZAM CONSTRUCTION COMPANY...............................3RD RESPONDENT
OMAR HUSSEIN IBRAHIM .....................................................4TH RESPONDENT
RULING
This is an application for anticipatory bail, whereas the respondents hold that there is no danger of the applicant being arrested it is the firm position of the applicant that this is indeed the position. He has mentioned the relevant police station and the investigating officer. I see no prejudice in granting him the anticipatory bail in the interim. I therefore order as follows: -
(i) Applicant may be on an anticipatory of personal bond of Ksh.1million.
(ii) The 1st and 2nd Respondents are stopped from arresting the applicant and or placing him in any cells over this issue during the pendency of this bond.
(iii) The applicant to present himself before the investigating officer in this case, corporal Juma, of Nairobi Area, CID on 29. 6.2020.
(iv) The Respondents be at liberty to file any responses to the application.
(v) Matter to be mention for further directions. Mention 3. 7.2020.
D. O. OGEMBO
JUDGE
19. 6.2020