[2023] KEHC 17728 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail on an ex parte basis, given the urgency and the risk of violation of his right to liberty. The court certified the matter as urgent and admitted the applicant to anticipatory bail of Ksh 500,000 personal bond....
Source-derived case information.
- Citation
- [2023] KEHC 17728 (KLR)
- Parties
- Applicant: James Mwangi Kanyi; Respondent: Inspector General Of Police; Respondent: Director Of Criminal Investigations; Respondent: Director Of Public Prosecution; Respondent: Embakasi Police Station; Interested Party: Daniel Wagura Wairegi; Interested Party: Josphat Kinyua Nyaga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E168 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Anticipatory Bail Application
- Outcome
- Anticipatory bail granted; interim orders issued pending inter partes hearing.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Personal Liberty, Arrest and Detention, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwangi Kanyi
Applicant
Inspector General Of Police
Respondent
Director Of Criminal Investigations
Respondent
Director Of Public Prosecution
Respondent
Embakasi Police Station
Respondent
Daniel Wagura Wairegi
Interested Party
Josphat Kinyua Nyaga
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to prevent unlawful arrest or detention by the respondents.
- 2 Whether the court should restrain the respondents from interfering with the applicant's liberty pending inter partes hearing.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail on an ex parte basis, given the urgency and the risk of violation of his right to liberty. The court certified the matter as urgent and admitted the applicant to anticipatory bail of Ksh 500,000 personal bond. The respondents, particularly the 4th respondent, were restrained from arresting or detaining the applicant pending the inter partes hearing. The applicant was directed to cooperate with the investigation by appearing for questioning, and the court set out a clear process for any potential charging and subsequent court appearance. The orders were made to balance the applicant's...
Court Disposition
Anticipatory bail granted; interim orders issued pending inter partes hearing.
Orders
- Matter certified as urgent.
- Applicant admitted to anticipatory bail of Ksh 500,000 personal bond.
Full Case Text
Judgment text and source record
31 paragraphs
Kanyi v Inspector General of Police & 3 others; Wairegi & another (Interested Parties) (Miscellaneous Case E168 of 2023) [2023] KEHC 17728 (KLR) (Crim) (19 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17728 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E168 of 2023
DR Kavedza, J
May 19, 2023
Between
James Mwangi Kanyi
Applicant
and
Inspector General Of Police
1st Respondent
Director Of Criminal Investigations
2nd Respondent
Director Of Public Prosecution
3rd Respondent
Embakasi Police Station
4th Respondent
and
Daniel Wagura Wairegi
Interested Party
Josphat Kinyua Nyaga
Interested Party
Ruling
1. The applicant James Mwangi Kanyi has filed a notice of Motion dated May 17, 2023 under Certificate of Urgency. The application is supported by the affidavit of the applicant sworn on the same date.
2. The applicant has sought an anticipatory order to restrain the respondents, specifically the 4th Respondent and or the junior officers from detaining, harassing, or howsoever interfering with the applicant’s liberty pending hearing of the application interparties.
3. I have gone through theexparteapplication and the supporting documents and issue the following orders:a.This matter is certified as urgent.b.The applicant is admitted to anticipatory bail of Ksh 500,000/= (Personal Bond).c.The respondent in particular the 4th respondent is prohibited from arresting and detaining the applicant pending the hearing of the application inter-parties.d.The applicant is directed to appear before the 4th respondent in the company of his advocate on May 22, 2023, for questioning and or interview.e.Should the respondents make a decision to charge the applicant, they shall inform the applicant to appear before the investigating officer for processing.f.The investigating officer shall direct the applicant to appear before the relevant court for plea.g.Should the applicant be charged, the order of this court shall automatically lapse.h.The application and order of this court be served upon the respondents within 3 days.i.Upon service, the respondents shall file their responses within 7 days.j.This matter be mentioned on June 21, 2023 for direction.
Orders accordingly.
Ruling, read and delivered on 19th day of MAY, 2023________________D. KAVEDZAJUDGE