[2024] KEHC 4726 (KLR)
The court found that the applicant had demonstrated sufficient apprehension of arrest to warrant the grant of anticipatory bail. The court balanced the applicant's right to liberty and protection from arbitrary arrest with the respondents' mandate to investigate and prosecute crime. Accordingly, the applicant was...
Source-derived case information.
- Citation
- [2024] KEHC 4726 (KLR)
- Parties
- Applicant: Cosmas Kimutai; Respondent: Inspector General of Police; Respondent: Director of Public Prosecutions; Respondent: Directorate of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 35 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- anticipatory bail granted with conditions; application allowed in part
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Pre Arrest Rights, Police Powers, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Kimutai
Applicant
Inspector General of Police
Respondent
Director of Public Prosecutions
Respondent
Directorate of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending possible arrest or charges.
- 2 Whether the respondents should be restrained from arresting or detaining the applicant before investigations are concluded.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient apprehension of arrest to warrant the grant of anticipatory bail. The court balanced the applicant's right to liberty and protection from arbitrary arrest with the respondents' mandate to investigate and prosecute crime. Accordingly, the applicant was admitted to anticipatory bail on condition of deposit of KES 100,000, with directions for her to cooperate with investigations. The respondents retained the liberty to investigate and, if warranted, charge the applicant, at which point the anticipatory bail would lapse and the trial court would determine bail afresh. The orders were crafted to ensure both the applicant's...
Court Disposition
anticipatory bail granted with conditions; application allowed in part
Orders
- The application is certified urgent.
- The 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
21 paragraphs
Kimutai v Inspector General of Police & 2 others (Miscellaneous Criminal Application 35 of 2024) [2024] KEHC 4726 (KLR) (8 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4726 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 35 of 2024
DR Kavedza, J
May 8, 2024
Between
Cosmas Kimutai
Applicant
and
Inspector General of Police
1st Respondent
Director of Public Prosecutions
2nd Respondent
Directorate of Criminal Investigations
3rd Respondent
Ruling
1. I have considered the Originating Notice of Motion dated 2nd May 2024 filed under certificate of urgency and the supporting affidavit of the applicant of similar date, and annexures in which the applicant seeks anticipatory bail, and order as follows:i.The application is certified urgent.ii.The applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs 100,000) to be deposited in court.iii.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 or detain her in view of orders (ii) above or until further orders of the court.iv.The applicant’s advocates are further directed to escort the applicant to the offices of the 1st and 3rd respondent for questioning and or interview within seven (7) days from the date hereof not later than 17th May 2024. v.Upon such investigations, the DPP (2nd Respondent) is at liberty to present any charge against the applicant 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.
2File closed
RULING DATED AND DELIVERED IN THE ABSENCE OF THE PARTIES THIS 8TH MAY 2024. ................D. KAVEDZAJUDGE