[2025] KEHC 564 (KLR)
The court found that although the applicant raised concerns about possible violation of her constitutional rights through arbitrary arrest and detention, the investigations were being conducted by DCI Karatina and the complaint was lodged at Karatina Police Station. Therefore, the High Court at Kibera lacked...
Source-derived case information.
- Citation
- [2025] KEHC 564 (KLR)
- Parties
- Applicant: Ann Wambui Munuhe; Respondent: Inspector General of Police; Respondent: Director Criminal Investigations Karatina
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- application struck out for lack of jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Arbitrary Arrest, Jurisdiction, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ann Wambui Munuhe
Applicant
Inspector General of Police
Respondent
Director Criminal Investigations Karatina
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to prevent unlawful arrest and detention.
- 2 Whether the High Court at Kibera has territorial jurisdiction over the matter.
Ratio Decidendi
The court found that although the applicant raised concerns about possible violation of her constitutional rights through arbitrary arrest and detention, the investigations were being conducted by DCI Karatina and the complaint was lodged at Karatina Police Station. Therefore, the High Court at Kibera lacked territorial jurisdiction over the matter. The proper forum for the application was the Nyeri High Court. As a result, the application for anticipatory bail was struck out for want of jurisdiction, without consideration of the merits of the applicant's claims.
Court Disposition
application struck out for lack of jurisdiction
Orders
- The application dated 28th January 2025 is struck out.
- No orders as to anticipatory bail are granted.
Full Case Text
Judgment text and source record
22 paragraphs
Munuhe v Inspector General of Police & another (Miscellaneous Criminal Application E014 of 2025) [2025] KEHC 564 (KLR) (29 January 2025) (Ruling)
Neutral citation: [2025] KEHC 564 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E014 of 2025
DR Kavedza, J
January 29, 2025
Between
Ann Wambui Munuhe
Applicant
and
Inspector General of Police
1st Respondent
Director Criminal Investigations Karatina
2nd Respondent
Ruling
1. The applicant filed the notice of motion dated 28th January 2025 under certificate of urgency. The applicants are seeking orders of anticipatory bail. The application is supported by an affidavit of similar date sworn by the applicant.
2. The averments made in support of the application are that the applicant had secured a loan from Cooperative Bank Nairobi to purchase motor vehicle KDL 1345. Due to financial difficulties, she sought assistance from Alex Ngara Murimi, who lent her Kshs. 1,227,000 to help settle the bank loan. She has since repaid Kshs. 238,000. The transaction was a legitimate civil agreement, conducted in good faith, without fraudulent intent or misrepresentation.
3. The Applicant is concerned that the Respondents intend to unlawfully arrest and detain her based on a false complaint by Alex Ngara Murimi at Karatina Police Station. The complaint alleges that she fraudulently obtained money, which is untrue. The allegations are malicious and aimed at tarnishing her reputation while exposing her to arbitrary arrest and detention. She asserts that such actions are a violation of her constitutional rights, including freedom from arbitrary arrest and the right to dignity under Articles 29 and 49 of the Constitution of Kenya. The Applicant maintains that she is willing cooperate with any investigations to protect her fundamental rights and prevent an abuse of legal process.
4. I have considered the application, the supporting affidavit, and the applicable law. It is noteworthy that the investigations in this matter are being undertaken by the DCI Karatina. The court vested with supervisory jurisdiction over this subject matter is Nyeri High Court. Consequently, I decline to grant the orders of anticipatory bail sought for lack of territorial jurisdiction.
5. The application dated 28th January 2025, is consequently struck out.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 29THJANUARY 2025____________D. KAVEDZAJUDGE