[2025] KEHC 3485 (KLR)
The court found that the anticipatory bail of Ksh.100,000 was issued solely to secure the applicant's attendance for investigations. Since the applicant had already taken plea in the lower court and deposited the required cash bail for trial, the anticipatory bail had served its purpose. There was no legal or...
Source-derived case information.
- Citation
- [2025] KEHC 3485 (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 Release of Anticipatory Bail
- Outcome
- application for release of anticipatory bail allowed
- Judges
- PN Gichohi
- Legal Topics
- Anticipatory Bail, Bail and Bond, 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 Release of Anticipatory Bail
Legal Issues
- 1 Whether the anticipatory bail of Ksh.100,000 deposited by the applicant should be released after the applicant has taken plea and deposited cash bail in the trial court.
- 2 Whether there is justification for continued holding of the anticipatory bail after its purpose has been served.
Ratio Decidendi
The court found that the anticipatory bail of Ksh.100,000 was issued solely to secure the applicant's attendance for investigations. Since the applicant had already taken plea in the lower court and deposited the required cash bail for trial, the anticipatory bail had served its purpose. There was no legal or factual justification for continued holding of the anticipatory bail. Accordingly, the court ordered the release of the Ksh.100,000 to the depositor.
Court Disposition
application for release of anticipatory bail allowed
Orders
- The cash bail of Ksh.100,000 deposited in court as anticipatory bail is to be released to the depositor.
- The lower court file is to be returned to the Chief Magistrate’s Court.
Full Case Text
Judgment text and source record
28 paragraphs
Khan v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E082 of 2024) [2025] KEHC 3485 (KLR) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3485 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application E082 of 2024
PN Gichohi, J
March 24, 2025
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 letter dated 6/3/2025 from Steve O. Kabita Advocate for the Applicant has been noted. It seeks release of anticipatory bond of Ksh.100,000/=.
2. Further, the Court has called for the Lower Court file being MCCR E2608 of 2024 showing that the Accused persons therein Fathima Aamrim and Aarifa Begum Khan took plea before the trial Court on 4/12/2024 and each was released on a bond of Ksh.1,000,000/= with a surety of similar amount or a cash bail of Ksh.200,000/=.
3. The trial Court record shows that the two accused persons deposited their respective cash bail of Ksh.200,000/= on 3rd December, 2024.
4. The purpose of the cash bail of Ksh.100,000/= issued by this Court was to ensure that the Applicant Aarifa Begum Khan attended the offices of the Respondents as and when required for purposes of investigations in the matter.
5. It has now been confirmed from the Court record that the said anticipatory bond has served its purposes.
6. In the circumstances, there is no justification of the continuous holding of the same.
7. For that reason, the cash bail of Ksh.100,000/= deposited in Court in that regard be and is hereby ordered to be released to the depositor.
8. The Lower Court file returned to Chief Magistrate’s Court.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 24TH DAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn Chambers