[2025] KEHC 5324 (KLR)

[2025] KEHC 5324 (KLR)

The court found that the applicant failed to provide up-to-date and credible evidence demonstrating a fundamental change of circumstances to justify the release of her passport. The medical documents presented were either outdated or not authenticated as supporting the need for treatment abroad, and the applicant also cited business reasons, which diluted the urgency and credibility of the medical claim. The court held that the right to freedom of movement is not absolute and may be limited in the context of pending criminal proceedings, especially where the risk of absconding trial exists. As such, the application to vary the bail terms by releasing the passport was found to be without...

Citation
[2025] KEHC 5324 (KLR)
Parties
Applicant: Kowthar Abdirizak Mohammed; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Criminal Miscellaneous Application E156 of 2022
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application to Vary Bail Terms
Outcome
application dismissed
Judges
AM Muteti
Legal Topics
Bail Variation, Passport Release, Change of Circumstances, Freedom of Movement
Source Language
English
Criminal Law Civil Procedure Bail Variation Passport Release Change of Circumstances Freedom of Movement

Case Brief

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Parties

Kowthar Abdirizak Mohammed

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application to Vary Bail Terms

Legal Issues

  1. 1 Whether the applicant has demonstrated a fundamental change of circumstances to warrant variation of bail terms requiring deposit of passport.
  2. 2 Whether the applicant's right to freedom of movement under Article 39(3) of the Constitution is unjustifiably limited by the bail condition.
  3. 3 Whether sufficient evidence has been provided to justify release of the passport for medical or business reasons.

Ratio Decidendi

The court found that the applicant failed to provide up-to-date and credible evidence demonstrating a fundamental change of circumstances to justify the release of her passport. The medical documents presented were either outdated or not authenticated as supporting the need for treatment abroad, and the applicant also cited business reasons, which diluted the urgency and credibility of the medical claim. The court held that the right to freedom of movement is not absolute and may be limited in the context of pending criminal proceedings, especially where the risk of absconding trial exists. As such, the application to vary the bail terms by releasing the passport was found to be without...

Court Disposition

application dismissed

Orders

  • The application to vary or set aside the order requiring deposit of the applicant's passport is dismissed.
  • The applicant may reapply if current documents demonstrating the need to travel for treatment are obtained.