[2024] KEHC 7626 (KLR)
The court found that, in the absence of any objection from the Director of Public Prosecution and no responses from the other respondents, and considering that the applicant had already recorded statements and was on free bond, it was appropriate to grant anticipatory bail. The court ordered the applicant to deposit...
Source-derived case information.
- Citation
- [2024] KEHC 7626 (KLR)
- Parties
- Applicant: Aarifa Begum Khan; Respondent: Director Of Criminal Investigations; Respondent: Inspector General Of Police; Respondent: Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E082 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- anticipatory bail granted with conditions; file closed
- Judges
- PN Gichohi
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Pretrial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aarifa Begum Khan
Applicant
Director Of Criminal Investigations
Respondent
Inspector General Of Police
Respondent
Director Of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail under the Constitution and Criminal Procedure Code.
- 2 Whether there is any objection from the prosecution or respondents to the grant of anticipatory bail.
- 3 What conditions, if any, should be attached to the grant of anticipatory bail.
Ratio Decidendi
The court found that, in the absence of any objection from the Director of Public Prosecution and no responses from the other respondents, and considering that the applicant had already recorded statements and was on free bond, it was appropriate to grant anticipatory bail. The court ordered the applicant to deposit a cash bail of Ksh. 100,000, attend the offices of the respondents as required for investigations, and attend court for plea taking if charged. The file was ordered closed, reflecting the court's view that the applicant's constitutional rights would be adequately protected by these measures.
Court Disposition
anticipatory bail granted with conditions; file closed
Orders
- The applicant is ordered to deposit a cash bail of Ksh. 100,000.
- The applicant is directed to attend the offices of the respondents as and when required for investigations.
Full Case Text
Judgment text and source record
25 paragraphs
Khan v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E082 of 2024) [2024] KEHC 7626 (KLR) (25 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7626 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application E082 of 2024
PN Gichohi, J
June 25, 2024
IN THE MATTER OF APPLICATION FOR ANTICIPATORY BAIL UNDER ARTICLE 22,25,28,47 (2) 40(1) 165(3) AND 244C OF THE CONSTITUTIONAL OF KENYA AND SECTION 123 OF THE CRIMINAL PROCEDURE CODE
Between
Aarifa Begum Khan
Applicant
and
Director Of Criminal Investigations
1st Respondent
Inspector General Of Police
2nd Respondent
Director Of Public Prosecution
3rd Respondent
Ruling
1. The Notice of Motion dated 5/6/2024 and Affidavit in Support is considered.
2. There is no objection by the Director of Public Prosecution as intimated by Mr Kihara, the learned Prosecution counsel of the 3rd Respondent.
3. There is no responses by the 1st and 2nd Respondents in this case.
4. It is indicated that the Applicant has already recorded statements with the Respondents and is on free bond.
5. In the circumstances, this Court makes the following orders:-1. He is now ordered to deposit a cash bail of Ksh.100,000/=2. He is directed to attend to the offices of the Respondents as and when required for purposes of investigations in this matter.3. He should attend court for purposes of taking plea once investigations are completed and the Director of Public Prosecution desirous of charging him with any offence.4. This file is now closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kibita for ApplicantMr. Kihara for 3rd RespondentRuto, Court Assistant