[2023] KEHC 24956 (KLR)
The court found that the applicants had demonstrated a reasonable apprehension of arrest and possible violation of their constitutional rights, given the summons and the nature of the alleged offences. The court held that anticipatory bail is an appropriate remedy to prevent unlawful arrest or detention where there...
Source-derived case information.
- Citation
- [2023] KEHC 24956 (KLR)
- Parties
- Applicant: Simon Turere Kimurgo; Applicant: Stephen Rikana Turere; Respondent: Director of Public Prosecution; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E008 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- application for anticipatory bail granted with conditions; conservatory orders partially granted
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Conservatory Orders, Right to Fair Trial, Arrest and Detention, Money Laundering, Conspiracy to Defraud
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Turere Kimurgo
Applicant
Stephen Rikana Turere
Applicant
Director of Public Prosecution
Respondent
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicants are entitled to anticipatory bail pending arrest or charge.
- 2 Whether conservatory orders restraining the respondents from arresting, detaining, or interfering with the applicants should be granted.
- 3 Whether the respondents have justifiable cause to arrest or detain the applicants.
Ratio Decidendi
The court found that the applicants had demonstrated a reasonable apprehension of arrest and possible violation of their constitutional rights, given the summons and the nature of the alleged offences. The court held that anticipatory bail is an appropriate remedy to prevent unlawful arrest or detention where there is credible evidence of imminent threat. The court balanced the applicants' rights with the respondents' mandate to investigate and prosecute crime, allowing the respondents to proceed with investigations and possible charges, but restraining them from arresting or detaining the applicants pending further orders. The court further directed the applicants to cooperate with the...
Court Disposition
application for anticipatory bail granted with conditions; conservatory orders partially granted
Orders
- The application is certified urgent.
- Each applicant is admitted to anticipatory bail in the sum of KES 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
25 paragraphs
Kimurgo & another v Director of Public Prosecution & 2 others (Miscellaneous Criminal Application E008 of 2023) [2023] KEHC 24956 (KLR) (8 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24956 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E008 of 2023
DR Kavedza, J
November 8, 2023
Between
Simon Turere Kimurgo
1st Applicant
Stephen Rikana Turere
2nd Applicant
and
Director of Public Prosecution
1st Respondent
Director of Criminal Investigations
2nd Respondent
Inspector General of Police
3rd Respondent
Ruling
1. The applicants, Simon Turere Kimurgo and Stephen Rikana Turere, have through a Notice of Motion application dated October 27, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicants further seek orders restraining the respondents their servants, agents, junior officers and/or anyone else deriving authority from the respondents from arresting, detaining or howsoever depriving them their freedom.
2. Secondly, the applicants have sought conservatory orders to restrain the respondents their servants, agents, junior officers and/or anyone else deriving authority from the respondents from arresting, harassing or otherwise howsoever interfering with them.
3. The motion which is brought under articles 10, 19, 20, 23, 27, 28, 29, 31, 40, 47, 48, 49, 50 and 165 (3)(b) of the Constitution is supported by the affidavit of the applicants of even date. The applicants aver that they were summoned to appear before SGT Joseph Mulwa on October 27, 2023 at 0830Hrs at DCI Headquarters, Kiambu Road. They further aver that by the said letter, they are allegedly connected with two offences, to wit: conspiracy to defraud contrary to section 319 of the Penal Code; and, money laundering contrary to section 3(b) & 4(c) of the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009. They are apprehensive that the respondents are out to harass, intimidate and arrest them without any justifiable cause.
4. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The applicants are each admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest them and they shall not detain them in view of order (b) above or until further orders of the court.d.The applicants’ advocates are further directed to escort the applicants to the offices of the 2nd respondent for questioning and or interview on November 13, 2023. e.Upon such investigations, the DPP (1st respondent) is at liberty to present any charge against the applicants in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.It is so ordered. File closed.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 8TH DAY OF NOVEMBER 2023. ________________D. KAVEDZAJUDGE