[2022] KEHC 11195 (KLR)
The court found that the applicant failed to demonstrate a real and imminent threat to his constitutional rights that would justify the grant of anticipatory bail. The application was based on allegations of harassment arising from a family dispute, but the respondents provided evidence that the applicant was sought...
Source-derived case information.
- Citation
- [2022] KEHC 11195 (KLR)
- Parties
- Applicant: Peter Muthungu Mule; Respondent: Commissioner of Police; Respondent: Director Of C.I.D; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E033 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Originating Notice of Motion for Anticipatory Bail
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muthungu Mule
Applicant
Commissioner of Police
Respondent
Director Of C.I.D
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Originating Notice of Motion for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest and/or arraignment in court.
- 2 Whether the applicant's fundamental rights under Article 29(a) of the Constitution have been or are about to be infringed by the respondents.
Ratio Decidendi
The court found that the applicant failed to demonstrate a real and imminent threat to his constitutional rights that would justify the grant of anticipatory bail. The application was based on allegations of harassment arising from a family dispute, but the respondents provided evidence that the applicant was sought for questioning in relation to a serious criminal offence—manslaughter. The court emphasized that anticipatory bail is not intended to shield individuals from lawful investigation or prosecution, and there was no sufficient basis to conclude that the applicant's rights under Article 29(a) were under threat. The applicant's failure to file submissions or appear in court further...
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Mule v Commissioner of Police & 2 others (Miscellaneous Criminal Application E033 of 2021) [2022] KEHC 11195 (KLR) (16 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11195 (KLR)
Republic of Kenya
In the High Court at Makueni
Miscellaneous Criminal Application E033 of 2021
GMA Dulu, J
June 16, 2022
Between
Peter Muthungu Mule
Applicant
and
Commissioner of Police
1st Respondent
Director Of C.I.D
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. Before me is an Originating Notice of Motion dated June 30, 2021and filed on same date by Peter Muthungu Mule through counsel M/s J.T Nzioki & Company advocate.
2. The application was filed under article 22(1), 23(1)& (3), 29(a) 165(a) and (b) of the Constitution of Kenya 2010 and has the following prayers, one of which have been spent:-i.Spentii.That the applicant be granted anticipatory bail pending arrest and/or arraignment in court.iii.That the court do make a declaration that theapplicant’s fundamental rights under article 29(a) of Constitution have or are about to be infringed by the 1st and 2nd respondents.iv.That the court do appoint a date when the applicant will avail himself at any police station or the criminal investigation department for purposes of helping the police with investigations if any without taking the applicant into custody.v.Any other appropriate relief the court might deem fit to grant in the circumstances.
3. The application was filed with a supporting affidavit sworn by the applicant on June 30, 2021 in which it was deponed that the intended action by the police against him arose from a long standing family dispute, and was mere attempt to harass the Applicant to marry the Complainant.
4. The application was been opposed through a replying affidavit sworn by CPL. Ateka John on November 18, 2021 in which it was deponed that the Applicant was sought by the police and the Director of Public Prosecutions on suspicion of him and another, having committed manslaughter on the night of 25th - 26th December , 2020 at Kyaani Market Mbooni East Sub-County in Makueni County.
5. It is of note that from January 16, 2022 when Ms. Kemunto appeared to the applicant and the court directed the filing of written submissions, the applicant neither filed written submissions, nor did counsel appear in court, even though the matter was mentioned on 7/2/2022 and 24/3/2022 and judgment date fixed.
6. The application having been brought under certificate of urgency, and considering all the documents filed in the matter, I dismiss the application as it is not merited.
DELIVERED, SIGNED & DATED THIS 16TH DAY OF JUNE 2022, IN OPEN COURT AT MAKUENI..............................................GEORGE DULUJUDGE