[2024] KEHC 8051 (KLR)
The court found that the applicant had demonstrated a genuine fear of arrest and detention arising from a complaint related to a company registration dispute. The court emphasized its constitutional duty to protect fundamental rights, particularly the right to liberty, and held that anticipatory bail is available...
Source-derived case information.
- Citation
- [2024] KEHC 8051 (KLR)
- Parties
- Applicant: Lucy Mwihaki Kamura; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E219 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- application for anticipatory bail granted
- Judges
- AM Muteti
- Legal Topics
- Anticipatory Bail, Right to Liberty, Fundamental Rights Protection, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Mwihaki Kamura
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail on the basis of a genuine fear of arrest and detention.
- 2 Whether the applicant's right to liberty under Article 49 of the Constitution is threatened and requires protection.
Ratio Decidendi
The court found that the applicant had demonstrated a genuine fear of arrest and detention arising from a complaint related to a company registration dispute. The court emphasized its constitutional duty to protect fundamental rights, particularly the right to liberty, and held that anticipatory bail is available where there is credible evidence of an imminent threat to such rights. The absence of any response from the respondent, despite proper service, further supported the applicant's case. The court exercised its discretion in favour of the applicant, granting anticipatory bail to prevent unlawful deprivation of liberty, while allowing the police to continue investigations and...
Court Disposition
application for anticipatory bail granted
Orders
- The applicant is granted anticipatory bail of Ksh. 50,000.
- The applicant is to report to the police if required for interrogation but should not be held in custody.
Full Case Text
Judgment text and source record
25 paragraphs
Kamura v Director of Public Prosecution (Miscellaneous Application E219 of 2024) [2024] KEHC 8051 (KLR) (3 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8051 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Application E219 of 2024
AM Muteti, J
July 3, 2024
Between
Lucy Mwihaki Kamura
Appellant
and
Director of Public Prosecution
Respondent
Ruling
1. The applicant has moved this court for Anticipatory bail for she fears that the police are likely to arrest her and detain her over a weekend over a complaint she alleges to have been lodged by the by her divorced husband the Interested Party.
2. The application is premised on the provisions of Articles of 23 and 165 (3) of the Constitution.
3. The applicant has explained to this court that the matter relates to a dispute over company registration documents.
4. The matter is bailable just like any other offence in Kenya today by dint of the provisions of Article 49 of the Constitution of Kenya.
5. It is important to state here that I have perused the affidavit of service filed in court yesterday and I am satisfied that the Respondents and the Interested Party were duly served by email and Whatsapp which are recognized modes of service.None of the Respondents has appeared as well as the interested party.
6. The position of this court is that a party who expresses genuine fear of breach of fundamental rights should be given protection by this court. The court is the guardian of the public interest and has a duty to ensure that the objects and purposes of the Constitution are upheld at all times.
7. To deny one liberty is akin to crucifying their soul. Liberty is precious and must be protected and only limited in accordance with the law. Any threats of violation of the right to liberty should be curtailed whenever it rears its ugly head.
8. It is thus my considered view that this applicant has placed before me material enough to enable me exercise my discretion in her favour.
9. In the end I grant her anticipatory bail of Ksh. 50,000/= and order that she is to report to the police if so required for any interrogated but should not be held in custody.
10. The police remain at liberty to continue with their investigations and once done, submit the same to the office of the Director of Public Prosecutions for appropriate directions.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 3RD DAY OF JULY 2024. HON. A.M MUTETIJUDGEIn the presence of:Kiptoo: Court AssistantNo appearance for the RespondentNjiraini for the Applicant