[2025] KEHC 10139 (KLR)
The High Court at Kibera lacks territorial jurisdiction over matters arising from alleged offences committed in Nyeri County. The proper forum for such applications is the High Court at Nyeri, which has supervisory jurisdiction over the subject matter. As a result, the application for anticipatory bail cannot be...
Source-derived case information.
- Citation
- [2025] KEHC 10139 (KLR)
- Parties
- Applicant: Geoffrey Wahome Kingori; Respondent: Director of Public Prosecutions; Respondent: Director of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E138 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- application struck out for lack of territorial jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Territorial Jurisdiction, Criminal Investigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Wahome Kingori
Applicant
Director of Public Prosecutions
Respondent
Director of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to grant anticipatory bail for alleged offences committed in Nyeri County.
- 2 Whether the applicant is entitled to anticipatory bail in the circumstances.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction over matters arising from alleged offences committed in Nyeri County. The proper forum for such applications is the High Court at Nyeri, which has supervisory jurisdiction over the subject matter. As a result, the application for anticipatory bail cannot be entertained or granted by this court, and must be struck out for want of jurisdiction.
Court Disposition
application struck out for lack of territorial jurisdiction
Orders
- The application dated 14th July 2025 is struck out.
- No orders as to anticipatory bail are granted.
Full Case Text
Judgment text and source record
22 paragraphs
Kingori v Director of Public Prosecutions & another (Miscellaneous Criminal Application E138 of 2025) [2025] KEHC 10139 (KLR) (14 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10139 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E138 of 2025
DR Kavedza, J
July 14, 2025
Between
Geoffrey Wahome Kingori
Applicant
and
Director of Public Prosecutions
1st Respondent
Director of Criminal Investigations
2nd Respondent
Ruling
1. The applicant filed the notice of motion dated 14th July 2025 under certificate of urgency. The applicant is seeking orders of anticipatory bail. The application is supported by an affidavit of similar date sworn by the applicant.
2. I have considered the application, the supporting affidavit, and the applicable law.
3. It is noteworthy that the land in dispute from which the investigations over alleged offences is situate in Nyeri County. The court vested with supervisory jurisdiction over this subject matter is Nyeri High Court.
4. Consequently, I decline to grant the orders of anticipatory bail sought for lack of territorial jurisdiction.
5. The application dated 14th July 2025, is consequently struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF JULY 2025______________D. KAVEDZAJUDGE