[2017] KEHC 6552 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, noting that the police had neither arrested nor shown any signs of arresting him and that he had complied with previous court orders to appear at the police station. The court confirmed the anticipatory bail on...
Source-derived case information.
- Citation
- [2017] KEHC 6552 (KLR)
- Parties
- Applicant: James Otisa Keya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 5 of 2017
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Anticipatory Bail Pending Arraignment
- Outcome
- anticipatory bail granted and confirmed
- Judges
- AT Sitati
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Police Harassment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Otisa Keya
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Anticipatory Bail Pending Arraignment
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arraignment in court.
- 2 Whether the applicant has demonstrated sufficient grounds of harassment or threat of arrest to warrant the grant of anticipatory bail.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, noting that the police had neither arrested nor shown any signs of arresting him and that he had complied with previous court orders to appear at the police station. The court confirmed the anticipatory bail on condition that the applicant continues to present himself to the police as required and executes a personal bond of KES 500,000. The decision was guided by the need to protect the applicant's constitutional rights against arbitrary arrest and harassment.
Court Disposition
anticipatory bail granted and confirmed
Orders
- The applicant is granted anticipatory bail.
- The applicant shall avail himself at Harambee Police Station as and when required by the police.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL MISC. APPL. NO. 5 OF 2017
JAMES OTISA KEYA……………………………………………….APPLICANT
VERSUS
REPUBLIC…………………………………………………….RESPONDENT
R U L I N G
Introduction
1. The applicant James Otisa Keya filed a chamber summons seeking to be granted anticipatory bail pending arraignment in court. The application which is dated 05. 01. 2017 and which was brought pursuant to Articles 19,20,21,22,23(1), 24(1), 25(a), (b), (c ) and 3, 28, 29, 39 and 165 of the Constitution of Kenya 2010 and Section 123 of the Criminal Procedure Code is premised on the grounds of harassment and frustration by the area Police Patrol Base. Harambee and collusion with Alois Echesa Buluma and Marceline Munyendo Echesa.
2. The application is further premised on grounds that the applicant is on bond and that the above named persons have vowed to use police and frame up charges against him to cause a cancellation of the said bond.
3. The applicant has also sworn an affidavit in support of the application giving more details on the grounds on the face of it.
4. The application was entitled urgent and served upon the state .When the application came up for hearing on the 1. 2.2017 the State had no objection to the applicant being granted anticipatory bail on condition that he be directed to present himself to the police-Harambee Patrol Base -and that he executes a personal bond of kshs.500,000/=.
5. The court notes that the police have neither arrested nor shown any signs of arresting the applicant who has been appearing at Harambee Police Station as ordered by the court. For those reasons, the anticipatory bail is confirmed and the applicant should avail himself at the Harambee Police Station as and when required to do so by the police
Orders accordingly,
Ruling delivered, signed and dated in open court at Kakamega this 23rd day of March 2017
RUTH N. SITATI
JUDGE
In the presence of:-
………Mr. Khayumbi for Nandwa………………………….for Applicant
………Mr. Jamsumba (present)……………………………for Respondent
………Polycap……………………………………………………Court Assistant