[2024] KEHC 13228 (KLR)
The court found that, in the absence of any action by the respondents to summon the applicant or conduct investigations, and with no rebuttal to the applicant's claims, there was no justification to vary or discharge the anticipatory bail orders previously issued. The court confirmed the orders, ensuring the...
Source-derived case information.
- Citation
- [2024] KEHC 13228 (KLR)
- Parties
- Applicant: Kidake Alex Malova; Respondent: Director of Public Prosecutions; Respondent: Directorate of Criminal Investigations; Respondent: Independent Police Oversight Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E137 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Confirmation of Anticipatory Bail Orders
- Outcome
- anticipatory bail orders confirmed; applicant not to be arrested or detained unless charged
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Pretrial Rights, Police Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kidake Alex Malova
Applicant
Director of Public Prosecutions
Respondent
Directorate of Criminal Investigations
Respondent
Independent Police Oversight Authority
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Confirmation of Anticipatory Bail Orders
Legal Issues
- 1 Whether the applicant is entitled to continued protection from arrest or detention pending investigations.
- 2 Whether the anticipatory bail orders previously issued should be confirmed or varied.
Ratio Decidendi
The court found that, in the absence of any action by the respondents to summon the applicant or conduct investigations, and with no rebuttal to the applicant's claims, there was no justification to vary or discharge the anticipatory bail orders previously issued. The court confirmed the orders, ensuring the applicant would not be arrested or detained by the respondents unless and until a decision to charge is made, at which point the applicant would be required to present himself to the relevant court for plea. The trial court would then be at liberty to set appropriate bail or bond terms, and the High Court's orders would lapse. The court also ordered the refund of the cash bail to the...
Court Disposition
anticipatory bail orders confirmed; applicant not to be arrested or detained unless charged
Orders
- The applicant shall not be arrested or detained by the respondents.
- Should a decision to charge the applicant be made, the applicant shall be directed to report to the relevant court for plea.
Full Case Text
Judgment text and source record
23 paragraphs
Malova v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E137 of 2024) [2024] KEHC 13228 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13228 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Criminal Application E137 of 2024
DR Kavedza, J
October 29, 2024
Between
Kidake Alex Malova
Applicant
and
Director of Public Prosecutions
1st Respondent
Directorate of Criminal Investigations
2nd Respondent
Independent Police Oversight Authority
3rd Respondent
Ruling
1. On 6th September 2024, the High court sitting in Nairobi issued orders of anticipatory bail to the applicant. The applicant was also directed to report to the DCIO Kilimani to record a statement. The court directed that the applicant not to be detained pending the conclusion of the investigations and the decision to charge.
2. When the matter came up for hearing today, the court was informed by Counsel for the applicant that the applicant has neither been summoned to record a statement by the respondents nor are any investigations ongoing. The respondents had nothing to say in rebuttal.
3. That being the case, I hereby confirm the orders issued on 6th September 2024 by this court in the following terms:I.The applicant shall not be arrested or detained by the respondents.II.Should a decision to charge the applicant be made, the applicant shall be directed to report to the relevant court for plea.III.The trial court shall be at liberty to set appropriate bail/bond terms in which case the orders of this court shall automatically lapse.IV.The cash bail refunded to the depositer
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THDAY OF OCTOBER 2024D. KAVEDZAJUDGE