[2013] KEHC 1118 (KLR)
The court found that the applicant's apprehension of arrest and curtailment of his liberty was real, based on the facts presented in his affidavit and the submissions of counsel. The court held that anticipatory bail is warranted in circumstances where there is a genuine threat to an individual's constitutional...
Source-derived case information.
- Citation
- [2013] KEHC 1118 (KLR)
- Parties
- Applicant: Mutua Munuve; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 118 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail Pending Arrest
- Outcome
- application allowed
- Judges
- GO Shikwe
- Legal Topics
- Anticipatory Bail, Bail Pending Arrest, False Pretences, Constitutional Rights, Bond Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutua Munuve
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail Pending Arrest
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest under the circumstances presented.
- 2 Whether the applicant's constitutional rights under articles 27(1) and 29(a) are threatened by the intended arrest.
- 3 Whether the criminal proceedings are vindictive or an abuse of process.
Ratio Decidendi
The court found that the applicant's apprehension of arrest and curtailment of his liberty was real, based on the facts presented in his affidavit and the submissions of counsel. The court held that anticipatory bail is warranted in circumstances where there is a genuine threat to an individual's constitutional rights, particularly the right to liberty. The court was satisfied that the applicant had demonstrated a reasonable basis for his fear of arrest and that the criminal proceedings appeared to be connected to ongoing civil disputes. Accordingly, the court exercised its discretion to grant anticipatory bail, setting the terms for bond and cash bail, and requiring the applicant to...
Court Disposition
application allowed
Orders
- The applicant is admitted to a bond of Ksh. 500,000 with one surety of similar amount or cash bail of Ksh. 250,000.
- Upon posting of the bond or cash bail, the applicant shall present himself to the police station handling his other matters within seven days from the date of this ruling.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CRIMINAL CASE NO. 118 OF 2013
MUTUA MUNUVE …...............................................................APPLICANT
VERSUS
REPUBLIC …........................................................................ RESPONDENT
RULING
This Notice of Motion application dated 3rd October, 2013 and expressed to be brought under articles 20, 22, 23(1, 27(1) and 49 (1) (h) of the Constitution and section 39, 123, and 124 of the Criminal Procedure Code seeks for anticipating bail pending arrest.
The grounds are found in the affidavit of the applicant Mutua Munuve who depones that he had entered into a contract for the supply of grains with a company going by the name Blak International for Ksh. 21,525,000/=.
That he was only paid Ksh. 1 million with the promise that the balance of Ksh. 20,525,000/= would be paid in due course. He communicated the same to his suppliers including one David Mutua Malii. Subsequently he was charged together with the owner of Blak International one Tony Dhiman in Criminal case No. 1712 of 2013 Mombasa and was released on bond.
He further depones that on the 23rd day of September, 2013 David Mutua Malii filed a civil suit case No. 1651 of 2013 for the recovery of Ksh. 2,331,566/=.
Further that he later learned that one Johnstone Kazyoka Kiiti had supplied David Mutua Malii with dry maize worth worth Ksh. 716,124/= which is part of the claim in Mombasa Civil Case No. 1651 of 2013.
That he is being sought by police so as to be charged for obtaining by false pretences from Johnstone Kasyoka Kiiti.
It is argued that the ciminal proceedings are vindictive and a violation of article 27(1) and 29(a) of the Constitution.
The application is opposed on the grounds that it has not been shown that police intend to arrest him and charge him with the offence of obtaining by false pretences.
Upon perusing the affidavit in support of this application and hearing counsels submissions I do find that the applicants apprehension of certailment of his liberty is real.
It is accordingly ordered that he be admitted to a bond of Ksh. 500,000/= with one surety of similar amount or cash bail of Ksh. 250,000/=. Upon posting of the bond, the applicant to present himself to the police station handling his other matters within seven (7) days from today.
Ruling delivered dated and signed this 8th day of November, 2013.
…......................
M. MUYA
JUDGE
8TH NOVEMBER, 2013
In the presence of:-
Counsel for the state Miss Ogweno
Learned Counsel for the applicant
Applicant Mwalimin
Court clerk Musundi