[2018] KEHC 9254 (KLR)
The court found that the applicant, having already presented himself to the police and been granted police bond, could not seek a second bond or anticipatory bail from the court. The application was therefore overtaken by events, and the court lacked grounds to grant the relief sought. The applicant may only return...
Source-derived case information.
- Citation
- [2018] KEHC 9254 (KLR)
- Parties
- Applicant: Joseph Thiga Waweru; Respondent: Inspector General of Police; Respondent: DPP; Respondent: Magnate Ventures Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 207 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- application struck out
- Legal Topics
- Anticipatory Bail, Police Bond, Criminal Procedure, Arrest and Investigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Thiga Waweru
Applicant
Inspector General of Police
Respondent
DPP
Respondent
Magnate Ventures Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest, charge, or investigation.
- 2 Whether the application is overtaken by events due to the applicant already being granted police bond.
- 3 Whether the court can issue a second bond or bail in the same circumstances.
Ratio Decidendi
The court found that the applicant, having already presented himself to the police and been granted police bond, could not seek a second bond or anticipatory bail from the court. The application was therefore overtaken by events, and the court lacked grounds to grant the relief sought. The applicant may only return to court if the police bond is withdrawn. As such, the application was struck out with no orders as to costs.
Court Disposition
application struck out
Orders
- The application is hereby struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CR. APPLICATION NO. 207 OF 2017
JOSEPH THIGA WAWERU...............................................................APPLICANT
VERSUS
INSPECTOR GENERAL OF POLICE..................................1ST RESPONDENT
DPP............................................................................................2ND RESPONDENT
MAGNATE VENTURES LIMITED.....................................3RD RESPONDENT
RULING
1. Although the main Notice of Motion application comes with six prayers, the same can be collapsed into one, which is that the Applicant be admitted to anticipatory bail pending any arrest and/or charge and/or investigations by the Respondents. The Applicant cannot have his cake and eat it. He presented himself before Kabete Police Station on 25/5/2018 after the court declined to grant interim orders, favorably, on 22/5/2018. He was accordingly granted police bond pending his arrest, charge and investigations. In that case, court cannot issue a second bond/bail. He can only return to this court if the police bond/bail is withdrawn. Therefore, as rightly submitted by learned counsel, Mr. Mgisha the application is overtaken by events.
2. In the foregoing, I do not think it serves justice to address the issues raised by learned counsel Mr. Mugo on the late service of both the Grounds of Opposition by the 1st and 2nd Respondents and Replying Affidavit by the 3rd Respondent.
3. The total sum of my observation is that this application is hereby struck out with no orders as to costs.
DATED and DELIVERED this 29th day ofMay, 2018.
G.W. NGENYE-MACHARIA
JUDGE