[2012] KEHC 5542 (KLR)

[2012] KEHC 5542 (KLR)

The court found that Section 123(3) of the Criminal Procedure Code does not cater for anticipatory bail, as it is intended for accused persons who have already been arrested or charged. Since the applicant had not been arrested or charged, he did not qualify for relief under this section. The court further held that the appropriate procedure for seeking protection of constitutional rights would have been to file a petition under the Bill of Rights in the Constitution of Kenya (2010), demonstrating how those rights had been infringed. As the applicant failed to do so and did not establish any infringement of his constitutional rights, the court declined to grant the orders sought and...

Citation
[2012] KEHC 5542 (KLR)
Parties
Applicant: Kennedy Wanjala Wafula; Respondent: Republic
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
25 October 2012
Case Number
Miscellaneous Application 136 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Anticipatory Bail
Outcome
application disallowed
Legal Topics
Anticipatory Bail, Arrest and Detention, Right to Liberty, Criminal Procedure Code Interpretation
Source Language
English
Criminal Law Constitutional Law Anticipatory Bail Arrest and Detention Right to Liberty Criminal Procedure Code Interpretation

Case Brief

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Parties

Kennedy Wanjala Wafula

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Anticipatory Bail

Legal Issues

  1. 1 Whether the applicant is entitled to anticipatory bail under Section 123(3) of the Criminal Procedure Code.
  2. 2 Whether the applicant should have moved the court under the Bill of Rights in the Constitution of Kenya (2010).

Ratio Decidendi

The court found that Section 123(3) of the Criminal Procedure Code does not cater for anticipatory bail, as it is intended for accused persons who have already been arrested or charged. Since the applicant had not been arrested or charged, he did not qualify for relief under this section. The court further held that the appropriate procedure for seeking protection of constitutional rights would have been to file a petition under the Bill of Rights in the Constitution of Kenya (2010), demonstrating how those rights had been infringed. As the applicant failed to do so and did not establish any infringement of his constitutional rights, the court declined to grant the orders sought and...

Court Disposition

application disallowed

Orders

  • The application for anticipatory bail is hereby disallowed.