[2019] KEHC 6072 (KLR)
The court found that the applicant had not executed the bond of Ksh. 50,000/= granted as a condition for the interim orders. This failure to comply with the court's condition indicated that the applicant did not consider the interim protection urgent or necessary. As compliance with the bond was integral to the...
Source-derived case information.
- Citation
- [2019] KEHC 6072 (KLR)
- Parties
- Applicant: Libinus Oduor Juma; Respondent: Director of Public Prosecution; Respondent: County Police Officer Kakamega; Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition 54 of 2019
- Procedural Posture
- Criminal Petition / Ruling on Extension of Interim Orders
- Outcome
- Interim orders not extended; interim orders vacated; matter to proceed by written submissions.
- Judges
- CM Njagi
- Legal Topics
- Bail and Bond, Interim Orders, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Libinus Oduor Juma
Applicant
Director of Public Prosecution
Respondent
County Police Officer Kakamega
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Criminal Petition / Ruling on Extension of Interim Orders
Legal Issues
- 1 Whether the interim orders granting bond to the applicant should be extended.
- 2 Whether failure to execute the bond affects the necessity and extension of interim orders.
Ratio Decidendi
The court found that the applicant had not executed the bond of Ksh. 50,000/= granted as a condition for the interim orders. This failure to comply with the court's condition indicated that the applicant did not consider the interim protection urgent or necessary. As compliance with the bond was integral to the grant of interim relief, the court held that the non-execution of the bond justified declining the extension of interim orders. Consequently, the interim orders were vacated, and the matter was directed to proceed by way of written submissions.
Court Disposition
Interim orders not extended; interim orders vacated; matter to proceed by written submissions.
Orders
- The interim orders issued on 30th May, 2018 are vacated.
- Parties to file and exchange written submissions within two weeks.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL PETITION NO. 54 OF 2019
LIBINUS ODUOR JUMA............................................. PETITIONER/APPLICANT
VERSUS
THE DIRECTOR OF PUBLIC PROSECUTION .................... 1ST RESPONDENT
THE COUNTY POLICE OFFICER KAKAMEGA ............... 2ND RESPONDENT
THE HON. ATTORNEY GENERAL ....................................... 3RD RESPONDENT
RULING
1. The applicant is seeking for extension of the interim orders issued by this court on the 30th May, 2018 in which the court granted the applicant herein bond pending arrest of Ksh. 50,000/= and barred the respondent from arresting the applicant unless there were written instructions by the Director of Public Prosecution after investigations in respect to the matter complained of were complete. The orders were issued on interim basis and are expiring today. The advocate for the applicant Mr. Ombito has thus sought for the extension of the orders.
2. The prosecution counsel Mr. Ng’etich has opposed the extension of the orders on the grounds that the applicant has not executed the bond granted to him. That this means that the interim orders were not necessary. Mr. Ombito on his part replied that the fact that the applicant has not executed the bond is irrelevant.
3. The court has considered the application and the objection thereto. The court granted the applicant bond of Ksh. 50,000/=. It is now two weeks and he has not executed the bond. Failure by the applicant to execute the bond granted to him means that he has not abided by one of the conditions of granting him the prayers that he sought from the court. That in itself has the implication that there was no urgency in granting the interim orders. The court thereby declines to extend the interim orders and the same are thus vacated.
4. The petition and the objection to be canvassed by way of written submissions. Advocates for the respective parties to file and exchange written submissions within two weeks.
Mention on 3rd July, 2019.
Delivered, dated and signed in open court at Kakamega this 13th day of June, 2019.
J. NJAGI
JUDGE
In the presence of:
Miss Kihamba holding brief for Ombito for petitioner/applicant
Mr. Ng’etich for 1st respondent
Miss Were for 2nd and 3rd respondents
Petitioner/Applicant - absent
Court Assistant - George