[2023] KEHC 27033 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, citing the urgency of the application and the credible threat of arrest on potentially malicious charges. The court balanced the applicant's constitutional rights against the public interest in investigation...
Source-derived case information.
- Citation
- [2023] KEHC 27033 (KLR)
- Parties
- Applicant: Bashir Hassan Abey Mamo; Applicant: Drescoll Limited; Respondent: Directorate Of Criminal Investigations; Respondent: Inspector General Of Police; Respondent: Director Of Public Prosecution; Respondent: Ethics And Anti-Corruption Commission
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E022 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Anticipatory Bail
- Outcome
- application for anticipatory bail granted with conditions
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Criminal Investigation, Pretrial Procedure
- 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
Bashir Hassan Abey Mamo
Applicant
Drescoll Limited
Applicant
Directorate Of Criminal Investigations
Respondent
Inspector General Of Police
Respondent
Director Of Public Prosecution
Respondent
Ethics And Anti-Corruption Commission
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the 1st applicant is entitled to anticipatory bail pending arrest or charge.
- 2 Whether the respondents should be restrained from interfering with the operations of the 2nd applicant.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, citing the urgency of the application and the credible threat of arrest on potentially malicious charges. The court balanced the applicant's constitutional rights against the public interest in investigation and prosecution of crime, allowing the respondents to continue investigations and prefer charges if warranted, but restraining them from arresting or detaining the applicant pending further orders. The court further directed the applicant to cooperate with the respondents by presenting himself for questioning within seven days, and clarified that the anticipatory bail would lapse...
Court Disposition
application for anticipatory bail granted with conditions
Orders
- The application is certified urgent.
- The 1st applicant is admitted to anticipatory bail in the sum of Kshs 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
26 paragraphs
Mamo & another v Directorate of Criminal Investigations & 3 others (Miscellaneous Criminal Application E022 of 2023) [2023] KEHC 27033 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27033 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E022 of 2023
DR Kavedza, J
December 19, 2023
Between
Bashir Hassan Abey Mamo
1st Applicant
Drescoll Limited
2nd Applicant
and
Directorate Of Criminal Investigations
1st Respondent
Inspector General Of Police
2nd Respondent
Director Of Public Prosecution
3rd Respondent
Ethics And Anti-Corruption Commission
4th Respondent
Ruling
1. The 1st applicant, Bashir Hassan Abey Mamo, has through an Originating Motion application dated 16th December, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicant further seeks orders restraining the respondents their servants, agents from interfering with normal and daily operations of the 2nd applicant.
2. The motion which is brought under Articles 10, 22, 23, 25, 27, 29, 47, 48, 49, 50, 165 (6) and 259 of the Constitution and sections 123 of the Criminal Procedure Code is supported by the affidavit of the applicant of even date. The applicant avers that respondents intend to press trumped up charges of over alleged embezzlement of Kshs 62,000,000 which is a scheme to avoid the payment of the balance of the purchase price of a fire engine sold to the County Government of Marsabit.
3. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:i.The application is certified urgent.ii.the 1st 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 him and they shall not detain him in view of order (ii) above or until further orders of the court.iv.the 1st applicant’s advocates are further directed to escort the 1st applicant to the offices of the respondents for questioning and or interview within 7 days from the date hereof.v.upon such investigations, the DPP (3rd respondent) is at liberty to present any charge against the 1st 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.File closed.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 19TH DAY OF DECEMBER 2023. D. KAVEDZAJUDGE