[2023] KEHC 20362 (KLR)
The court found that the applicants had established a prima facie case for urgent intervention due to their detention. In the interest of justice and to safeguard the applicants' constitutional rights, the court certified the application as urgent and ordered their release upon payment of cash bail. The court...
Source-derived case information.
- Citation
- [2023] KEHC 20362 (KLR)
- Parties
- Applicant: Hon. Maina Njenga Kamunya; Applicant: Felix Lekishe; Applicant: Peter Njoroge Kamunya; Respondent: Attorney General; Respondent: Inspector General of Police; Respondent: Directorate of Criminal Investigations; Respondent: Office of the Director of Public Prosecutions; Respondent: National Police Service
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E270 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Urgent Bail Application
- Outcome
- Application certified urgent; applicants admitted to cash bail and ordered released upon payment; further directions issued.
- Judges
- DR Kavedza
- Legal Topics
- Habeas Corpus, Bail and Bond, Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Maina Njenga Kamunya
Applicant
Felix Lekishe
Applicant
Peter Njoroge Kamunya
Applicant
Attorney General
Respondent
Inspector General of Police
Respondent
Directorate of Criminal Investigations
Respondent
Office of the Director of Public Prosecutions
Respondent
National Police Service
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Urgent Bail Application
Legal Issues
- 1 Whether the applicants are entitled to immediate release or production before the court under habeas corpus proceedings.
- 2 Whether the applicants should be admitted to bail pending further investigations or charges.
Ratio Decidendi
The court found that the applicants had established a prima facie case for urgent intervention due to their detention. In the interest of justice and to safeguard the applicants' constitutional rights, the court certified the application as urgent and ordered their release upon payment of cash bail. The court further directed that the applicants report to the relevant authorities for possible further action, and clarified that the Director of Public Prosecutions retained the liberty to present charges in any court, whereupon the trial court could set new bail terms. The orders were made to ensure the applicants' liberty was protected while allowing the investigative and prosecutorial...
Court Disposition
Application certified urgent; applicants admitted to cash bail and ordered released upon payment; further directions issued.
Orders
- The application is certified urgent.
- The applicants are admitted to a cash bail of Kshs.100,000 each.
Full Case Text
Judgment text and source record
30 paragraphs
Kamunya & 2 others v Attorney General & 4 others (Miscellaneous Case E270 of 2023) [2023] KEHC 20362 (KLR) (Crim) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20362 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E270 of 2023
DR Kavedza, J
July 21, 2023
Between
Hon. Maina Njenga Kamunya
1st Applicant
Felix Lekishe
2nd Applicant
Peter Njoroge Kamunya
3rd Applicant
and
Attorney General
1st Respondent
Inspector General of Police
2nd Respondent
Directorate of Crimnal Investigations
3rd Respondent
Office of the Director of Public Proscutions
4th Respondent
National Police Service
5th Respondent
Ruling
1. I have considered the Notice of Motion application dated July 19, 2023 filed under certificate of urgency and the supporting affidavit of Isaiah Munje, advocate for the applicants sworn on the same date in which the applicants have sought orders that the respondents, their servants, agents to immediately and unconditionally present them before this court or in the alternative this court to order the respondents to immediately and unconditionally to release and set the applicants at liberty.In the interest of justice, I order as follows:a.That the application is certified urgent.b.That the applicants are admitted to a cash bail of Kshs.100,000 (Kenya Shillings One Hundred Thousand) each.c.That the respondents, their agents, servants or any person having custody of the applicants are directed to release the applicants upon payment of the cash bail.d.That the applicants shall report back to the 2nd and 3rd respondents’ offices on 24th July, 2023 at 8:00am, upon which, the 2nd and 3rd respondents shall produce the applicants in open court.e.That for avoidance of doubt, the DPP (4th respondent) is at liberty to present any charge against the applicants in any court; and as such the trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.That the respondents shall not arrest the applicants (unless the applicants fail to present themselves on 24/7/2023) and they shall not be detained in view of order (b) and (c) above, or, until further orders of the court.g.That the application and the order of this court shall be served upon the respondents within 3 days from the date hereof and the respondents shall upon service file their responses within 10 days.h.That this matter be mentioned on 26/9/2023 for directions
Ruling dated and delivered in absence of parties on this 21st day of JULY 2023.
D. KAVEDZAJUDGEPage 2 of 2