[2021] KEHC 655 (KLR)
The court determined that, in the interest of justice and to prevent possible abuse of process or infringement of the applicants' rights, it was necessary to direct the applicants and their advocate to present themselves to the Directorate of Criminal Investigations Headquarters and provide the telephone numbers in...
Source-derived case information.
- Citation
- [2021] KEHC 655 (KLR)
- Parties
- Applicant: Muturi Njoroge; Applicant: Beatrice Wanjiku; Respondent: The Attorney General; Respondent: The Commissioner of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E418 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Application for Directions and Interim Relief
- Outcome
- Interim orders granted; directions issued for investigation and report; no arrest of applicants pending compliance.
- Judges
- GL Nzioka
- Legal Topics
- Investigations by Police, Interim Orders, Abuse of Process, Protection of Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Muturi Njoroge
Applicant
Beatrice Wanjiku
Applicant
The Attorney General
Respondent
The Commissioner of Police
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Application for Directions and Interim Relief
Legal Issues
- 1 Whether the applicants are being investigated by the Directorate of Criminal Investigations and if so, the extent of such investigations.
- 2 Whether the telephone numbers contacting the applicants belong to DCI officers.
- 3 Whether interim protection from arrest is warranted pending clarification of the above.
Ratio Decidendi
The court determined that, in the interest of justice and to prevent possible abuse of process or infringement of the applicants' rights, it was necessary to direct the applicants and their advocate to present themselves to the Directorate of Criminal Investigations Headquarters and provide the telephone numbers in question. The DCI was ordered to verify whether the numbers belong to its officers, whether any investigations are ongoing against the applicants, and to file a comprehensive report with the court. The court further ordered that, until such clarification is provided and the report is filed, there shall be no arrest of the applicants. These directions were made to ensure...
Court Disposition
Interim orders granted; directions issued for investigation and report; no arrest of applicants pending compliance.
Orders
- Applicants and their lawyer to present themselves to DCI Headquarters and provide the relevant telephone numbers.
- DCI Headquarters to establish whether the numbers belong to its officers and whether any investigations are ongoing against the applicants.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC CR APPL NO E418 OF 2021
MUTURI NJOROGE................................................1ST APPLICANT
BEATRICE WANJIKU............................................2ND APPLICANT
VERSUS
THE ATTORNEY GENERAL...............................1ST RESPONDENT
THE COMMISSIONER OF POLICE..................2ND RESPONDENT
RULING
COURT
1. I have considered the prayers in the application, the affidavit in support of the application and the proceedings on record so far. I direct that, the applicants and their lawyer present themselves to Directorate of Criminal Investigations Headquarters to the In-charge Investigations Department, and present the telephone or cell mobile numbers that have been used to call them. The DCI Headquarters will establish the following:
a) Whether, those numbers belong to its officers;
b) Whether, the Officers are investigating commission of any offence against the applicants;
c) If those numbers do not belong to any of its officers, the DCI shall state the same;
d) If the applicants are under investigations, the Court shall be informed accordingly of the same and in addition, the extent of the said investigations.
2. In that regard, a comprehensive report in relation to the aforesaid, shall be filed in court on or before 20th December 2021.
It is so ordered.
GRACE L. NZIOKA
JUDGE
16TH DECEMBER 2021
COURT
Ruling delivered in open Court in the presence of:
Mr Oloo for the applicants
Mr Kiragu for the Respondents.
Edwin Ombuna – Court Assistant
GRACE L. NZIOKA
JUDGE
16TH DECEMBER 2021
COURT
In view of the limited time given, this order shall be typed right away. It shall be certified by the Honourable Deputy Registrar and served upon the parties and the Directorate of Criminal Investigations Headquarters before end of day today.
This direction must be taken seriously. The applicants should also move with speed to provide the information required to enable speedy investigations.
Those are the orders of the Court. Until then, there will be no arrest of the applicants.
GRACE L. NZIOKA
JUDGE
16TH DECEMBER 2021