[2023] KEHC 17727 (KLR)
The court found that the applicant had demonstrated sufficient urgency and a credible apprehension of arrest to justify the grant of anticipatory bail on an ex parte basis. The court certified the matter as urgent, admitted the applicant to anticipatory bail of Ksh.100,000/- personal bond, and set out a process for...
Source-derived case information.
- Citation
- [2023] KEHC 17727 (KLR)
- Parties
- Applicant: Paul Theuri Mwangi; Respondent: Inspector General of Police; Respondent: Director of Criminal Investigations; Respondent: Director of Public Prosecution; Interested Party: Robert Kimbui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E167 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Anticipatory Bail
- Outcome
- Anticipatory bail granted on interim basis; matter certified urgent; directions given for further proceedings.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Personal Bond, Urgent Applications, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Theuri Mwangi
Applicant
Inspector General of Police
Respondent
Director of Criminal Investigations
Respondent
Director of Public Prosecution
Respondent
Robert Kimbui
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending arrest or charge.
- 2 Whether the matter is sufficiently urgent to warrant ex parte orders.
- 3 What conditions should attach to the grant of anticipatory bail.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient urgency and a credible apprehension of arrest to justify the grant of anticipatory bail on an ex parte basis. The court certified the matter as urgent, admitted the applicant to anticipatory bail of Ksh.100,000/- personal bond, and set out a process for the applicant to present himself for questioning. The court further ordered that if a decision to charge is made, the anticipatory bail would lapse, and the applicant would be informed of the police station for processing. The orders were made to balance the applicant's right to liberty with the interests of justice and due process.
Court Disposition
Anticipatory bail granted on interim basis; matter certified urgent; directions given for further proceedings.
Orders
- This matter is certified as urgent.
- The applicant is admitted to anticipatory bail of Ksh.100,000/- (personal bond) pending hearing of the application.
Full Case Text
Judgment text and source record
24 paragraphs
Mwangi v Inspector General of Police & 2 others; Kimbui (Interested Party) (Miscellaneous Case E167 of 2023) [2023] KEHC 17727 (KLR) (Crim) (19 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17727 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E167 of 2023
DR Kavedza, J
May 19, 2023
Between
Paul Theuri Mwangi
Applicant
and
Inspector General of Police
1st Respondent
Director of Criminal Investigations
2nd Respondent
Director of Public Prosecution
3rd Respondent
and
Robert Kimbui
Interested Party
Ruling
1. The applicant Paul Theuri Mwangi has filed a notice of Motion dated May 17, 2023 Under Certificate of Urgency supported by the affidavit of Waham Sale Oningo advocate. The applicant has sought anticipatory bail pending charge/arrest. I have gone through the exparte application and issue the following orders:-a.That this matter is certified as urgent.b.That the applicant is admitted to anticipatory bail of Ksh.100,000/- (Personal bond) pending hearing of the application.c.That the applicant to be escorted to the respondents’ offices, in particular the 4th respondent on May 22, 2023 for questioning.d.That should a decision to charge the respondent be made, the respondent shall be informed of the police station to report to for processing and the respondent shall inform the applicant when to appear in court for plea.e.That should a decision to charge the applicant be made, the orders of this court shall automatically lapse.f.That the order be served upon the respondents within 3 days.g.That upon service the respondents shall file their response within 7 days.h.That this matter be mentioned on June 21, 2023 for directions.
RULING, READ AND DELIVERED ON 19TH DAY OF MAY, 2023D. KAVEDZAJUDGE