[2023] KEHC 19146 (KLR)
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of anticipatory bail. The judge admitted the applicant to anticipatory bail of Kshs 100,000 and directed that he be escorted to the offices of the 2nd respondent for interrogation. The court further ordered that the...
Source-derived case information.
- Citation
- [2023] KEHC 19146 (KLR)
- Parties
- Applicant: Daniel Kinuthia Muchina; Respondent: Director of Public Prosecution; Respondent: Director of Criminal Investigations; Respondent: Inspector of General Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E234 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- Anticipatory bail granted with conditions; matter not certified urgent; directions issued for further proceedings.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Pre Trial Rights, Police Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kinuthia Muchina
Applicant
Director of Public Prosecution
Respondent
Director of Criminal Investigations
Respondent
Inspector of General Police
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending potential arrest or charge.
- 2 Whether the matter is urgent and warrants immediate intervention by the court.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to warrant the grant of anticipatory bail. The judge admitted the applicant to anticipatory bail of Kshs 100,000 and directed that he be escorted to the offices of the 2nd respondent for interrogation. The court further ordered that the anticipatory bail would automatically lapse should the 1st respondent decide to charge the applicant. The court did not certify the matter as urgent and issued directions for service and filing of responses by the respondents.
Court Disposition
Anticipatory bail granted with conditions; matter not certified urgent; directions issued for further proceedings.
Orders
- The matter is not certified urgent.
- The applicant is admitted to anticipatory bail of Kshs 100,000.
Full Case Text
Judgment text and source record
22 paragraphs
Muchina v Director of Public Prosecution & 2 others (Miscellaneous Criminal Application E234 of 2023) [2023] KEHC 19146 (KLR) (Crim) (27 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19146 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E234 of 2023
DR Kavedza, J
June 27, 2023
Between
Daniel Kinuthia Muchina
Applicant
and
Director of Public Prosecution
1st Respondent
Director of Criminal Investigations
2nd Respondent
Inspector of General Police
3rd Respondent
Ruling
1. I have gone through the notice of motion application dated 22/6/2023 and the Supporting affidavit of Daniel Kinuthia Muchina and issue orders as follows;a.This matter is not certified urgent.b.The applicant is admitted to anticipatory bail of Kshs100,000/=.c.The applicant shall be escorted to the offices of the 2nd respondent by his advocate on 30/6/2023 for interrogation.d.That should a decision to charge the applicant be made by the 1st Respondent the order of the court shall automatically lapse.e.That the order of this court and the application be served upon the respondents.f.That the respondents file their responses on or before 13/7/2023. g.That this matter shall be mentioned on 20/7/2023 for directions.
Orders Accordingly.
Dated and Delivered Virtually this 27thJune 2023. ..................................D.KAVEDZAJUDGE