[2023] KEHC 18766 (KLR)
The court found that while anticipatory bail is not specifically provided for under the Constitution, the right to liberty is a fundamental right protected by the Constitution. The court exercised its discretion to grant anticipatory bail to the applicant to prevent possible violation of his liberty by arrest or...
Source-derived case information.
- Citation
- [2023] KEHC 18766 (KLR)
- Parties
- Applicant: George Kamunya; Respondent: Director Of Public Prosecution; Respondent: Officer Commanding Police Station Makadara; Respondent: Director of Criminal Investigations (DCI) Nairobi Area
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E219 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail partially allowed.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Right to Liberty, Constitutional Rights Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kamunya
Applicant
Director Of Public Prosecution
Respondent
Officer Commanding Police Station Makadara
Respondent
Director of Criminal Investigations (DCI) Nairobi Area
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to prevent arrest or detention by the respondents.
- 2 Whether the cited constitutional provisions support the grant of anticipatory bail.
Ratio Decidendi
The court found that while anticipatory bail is not specifically provided for under the Constitution, the right to liberty is a fundamental right protected by the Constitution. The court exercised its discretion to grant anticipatory bail to the applicant to prevent possible violation of his liberty by arrest or detention, pending further investigations. The court balanced the need to protect the applicant's rights with the interests of justice by requiring the applicant to cooperate with investigators and by providing that the anticipatory bail would lapse if a decision to charge was made. The court also issued directions for the orderly conduct of investigations and subsequent...
Court Disposition
Application for anticipatory bail partially allowed.
Orders
- The application is not certified as urgent.
- The applicant is admitted to anticipatory bail of Kshs 100,000/=.
Full Case Text
Judgment text and source record
24 paragraphs
Kamunya v Director of Public Prosecution & 2 others (Miscellaneous Case E219 of 2023) [2023] KEHC 18766 (KLR) (Crim) (14 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18766 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E219 of 2023
DR Kavedza, J
June 14, 2023
Between
George Kamunya
Applicant
and
Director Of Public Prosecution
1st Respondent
Officer Commanding Police Station Makadara
2nd Respondent
Director of Criminal Investigations (DCI) Nairobi Area
3rd Respondent
Ruling
1. The applicant George Kamunya has filed a Chamber Summons Application Under Articles 19, 20, 23, 29, 49 and 50 of the Constitution. The application is filed under certificate of urgency supported by an affidavit dated June 12, 2023, sworn by the applicant. The applicant has sought an order of anticipatory bail restraining the respondents and/or their servants from arresting him or locking him up at the police station.
2. Although the applicant has listed various articles of the Constitution, none of them specifically refer to anticipatory orders.
3. I do note that anticipatory bail is not specifically provided for under the Constitution. However, the Constitution mandates the government to protect and respect the rights of all Kenyans, this includes the right to liberty.
4. Having gone through the affidavit of the applicant and the annexures, I issue the following orders:a.That the application is not certified as urgent.b.That the applicant is admitted to anticipatory bail of Kshs 100,000/=.c.That the respondents, either by themselves, their servants and or agents are prohibited from arresting or detaining the applicant pending hearing of this application.d.That the applicant’s advocates are directed to escort the applicant to the offices of the 2nd and 3rd Respondents for questioning and or interview on June 16, 2023. e.That the applicant shall cooperate with the investigators during the period of investigations.f.That should a decision to charge the applicant be made, the applicant and his advocates shall be informed to report to the relevant police station for processing.g.That the applicant shall be informed in advance the court he is to appear for plea.h.That the orders of this court shall lapse if a decision to charge the applicant is made.i.That this order and the application to be served upon the respondents within 3 days.j.That upon service, the respondents shall have ten (10) days to file their responses.k.That this matter shall be mentioned on July 5, 2023, for directions.
RULING, READ AND DELIVERED ON 14TH DAY OF JUNE, 2023D. KAVEDZAJUDGE