[2016] KEHC 1834 (KLR)
The court found that the applicant failed to demonstrate any actual or threatened violation of his fundamental rights by the respondent. There was no evidence that the police intended to arrest him, nor was there any indication of a breach of his right to liberty. The court emphasized that anticipatory bail is not...
Source-derived case information.
- Citation
- [2016] KEHC 1834 (KLR)
- Parties
- Applicant: Kelvin Kipchumba Chesire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 67 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- application dismissed
- Judges
- JV Juma
- 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
Kelvin Kipchumba Chesire
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail in the absence of evidence of threatened or actual violation of his fundamental rights.
- 2 Whether the Constitution or any law provides for anticipatory bail to a person fearing arrest without being a suspect.
Ratio Decidendi
The court found that the applicant failed to demonstrate any actual or threatened violation of his fundamental rights by the respondent. There was no evidence that the police intended to arrest him, nor was there any indication of a breach of his right to liberty. The court emphasized that anticipatory bail is not specifically provided for in the Constitution or statute, and Article 49(1)(h) only applies to suspects who have already been investigated, arrested, or arraigned. The applicant's fears were deemed speculative and unsupported by evidence. Consequently, the application for anticipatory bail was dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC APPLICATION NO. 67 OF 2015
KELVIN KIPCHUMBA CHESIRE …………………………………….... APPLICANT
VERSUS
REPUBLIC …………………………………………………..…….….. RESPONDENT
RULING
The applicant KELVIN KIPCHUMBA CHESIREhas filed this Notice of Motion dated 15/10/2015 seeking to be granted anticipatory bail. The Applicant claims that police in Nakuru are searching for him, his arrest is imminent and that there has been interference in his normal activities. The application is opposed by the State. The police in Nakuru aver that they have no interest in arresting applicant. I have considered the oral submissions made by both parties in this matter. The applicant has not shown how or in what manner the Respondent have breached or have threatened to breach any of his fundamental rights. There has been no instance given of any violation by the police of the applicants rights to liberty. With respect to the applicant these fears appear to be confined only to his imaginations. There exists no specific provisions in law or in the Constitution on the grant of bail to a person fearing arrest. Article 49(1) (h) of the Constitution provides for a right to bail to a ‘suspect’ ie one who has already been investigated, arrested and/or arraigned in court. I find no evidence of a breach of any of the applicant’s rights by a State organ. The Respondents state that they have no reason or interest in arresting the applicant. I find that this present application has no basis. The same is hereby dismissed with no orders on costs.
Dated in Nakuru this 2nd day of September, 2016.
Mr Chigiti for DPP
No appearance by Mr. Ngamate
Maureen Odero
Judge
2/9/2016