[2021] KEHC 4494 (KLR)
The court found that the applicant's fear of arrest or violation of her constitutional rights was unfounded, as her brother, who was also a suspect, had presented himself for interrogation without any complaint of rights infringement. The applicant had not demonstrated any real or reasonable apprehension of breach...
Source-derived case information.
- Citation
- [2021] KEHC 4494 (KLR)
- Parties
- Applicant: Jesca Msagha; Respondent: Officer Commanding (Central Police Station) Nakuru; Respondent: The Director of Public Prosecutions; Respondent: The Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E039 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Anticipatory Bail
- Outcome
- application dismissed
- Legal Topics
- Anticipatory Bail, Arrest and Detention, Constitutional Rights, Bail and Bond, False Pretense Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesca Msagha
Applicant
Officer Commanding (Central Police Station) Nakuru
Respondent
The Director of Public Prosecutions
Respondent
The Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or charge for alleged offence of obtaining money by false pretense.
- 2 Whether the respondents have threatened or violated the applicant's constitutional rights warranting court intervention.
Ratio Decidendi
The court found that the applicant's fear of arrest or violation of her constitutional rights was unfounded, as her brother, who was also a suspect, had presented himself for interrogation without any complaint of rights infringement. The applicant had not demonstrated any real or reasonable apprehension of breach of her fundamental freedoms by the respondents. The application for anticipatory bail was therefore without merit and dismissed.
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLENOUS CRIMINAL CASE NO. E039 OF 2021
JESCA MSAGHA .........................................................................................APPLICANT
VERSUS
OFFICER COMMANDING (CENTRAL POLICE STATION)
NAKURU ............................................................................................1ST RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTIONS............................2ND RESPONDENT
THE INSPECTOR GENERAL OF POLICE.......................................3RD RESPONDENT
R U L I N G
1. The applicant by an application dated 25th May 2021 came to court pursuant to Articles 22(1), 23(1), 25, 28, 29 & 165(3) of the constitution and Rules 3(1) & (2) and 19 of the High Court (practice and procedures) rules seeking to be admitted to reasonable bail terms pending her arrest and/or change by the Respondents over alleged offence of obtaining money by false pretense.
2. She sought that the court issues an order restraining the Respondents, their agents, officers and/or persons acting under their directions departments and/or offices from arresting, harassing torturing or otherwise from interfering with the applicants rights and freedoms pending the institution of criminal proceedings against her.
3. The applications was supported by the grounds on the face by the application and supporting affidavit shown by applicant on 21st May 2021.
4. The Respondents filed a replying affidavit through CPL Abraham Koech who stated he was investigated complaint by Abraham Wamala Khaemba & Godfrey Wanjala against the applicant and the brother to the applicant. He averred that he had summoned the 2 suspects and applicant’s brother had presented himself and his statement taken but the applicant had declined and instead filed application for anticipatory bail.
5. I have considered the application and the response of Corporal Abraham Koech as well as the submissions and find that fear by applicants unfounded. Her brother presented himself for interrogation and he didn’t complain that there was any breach of his fundamental freedoms as enshrined in the constitution.
6. The application has no merit and is dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT /ONLINE THROUGH MS TEAMS, THIS 29TH DAY OF JULY, 2021
HON. LADY JUSTICE A. ONG’INJO
JUDGE
In the presence of:-
Ogwel – Court assistant
Borona & Associates Advocate for Applicant – No appearance
Ms. Karanja for Respondent
Applicant – No appearance
Hon. Lady Justice A. Ong’injo
Judge