[2023] KEHC 20592 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, noting the urgency and the need to protect the applicant's constitutional rights against arbitrary arrest and detention. The court balanced this with the respondents' statutory powers to investigate and...
Source-derived case information.
- Citation
- [2023] KEHC 20592 (KLR)
- Parties
- Applicant: Hon Mark Muriithi Mwenje; Respondent: Inspector General Of Police; Respondent: Director Of Criminal Investigations; Respondent: Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E271 of 2021
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail allowed with conditions.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Pre Trial Rights, Arrest and Detention, Bail Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon Mark Muriithi Mwenje
Applicant
Inspector General Of Police
Respondent
Director Of Criminal Investigations
Respondent
Director Of Public Prosecution
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail pending possible arrest or charge.
- 2 Whether the respondents should be restrained from arresting or detaining the applicant except as provided by law.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail, noting the urgency and the need to protect the applicant's constitutional rights against arbitrary arrest and detention. The court balanced this with the respondents' statutory powers to investigate and prosecute, clarifying that the anticipatory bail does not prevent lawful investigation or charging of the applicant. The court further specified that the applicant shall not be arrested or detained unless he fails to honour summons, and that any subsequent trial court retains discretion to set new bail terms or determine bail eligibility. The orders were made to ensure both the...
Court Disposition
Application for anticipatory bail allowed with conditions.
Orders
- The application is certified urgent.
- The applicant is admitted to anticipatory bail in the sum of Kshs. 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
21 paragraphs
Mwenje v Inspector General of Police & 2 others (Criminal Miscellaneous Application E271 of 2021) [2023] KEHC 20592 (KLR) (Crim) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20592 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E271 of 2021
DR Kavedza, J
July 21, 2023
Between
Hon Mark Muriithi Mwenje
Applicant
and
Inspector General Of Police
1st Respondent
Director Of Criminal Investigations
2nd Respondent
Director Of Public Prosecution
3rd Respondent
Ruling
1. I have considered the notice of motion dated July 20, 2023 filed under certificate of urgency and the supporting affidavit of the applicant, Hon. Mark Muriithi Mwenje in which the applicant is seeking anticipatory bail. In the interest of justice, I order as follows:a.That the application is certified urgent.b.That the applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.That for the avoidance of doubt, the 1st, 2nd and 3rd respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest him (unless the applicant fails to honour his summons) and he shall not be detained in view of order (b) above or until further orders of the court.d.That for further avoidance of doubt, and upon such investigations the DPP (1st respondent) will be at liberty to present any charge against the applicant in any court; and as such the trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.e.That the application and the order of this court shall be served upon the respondents within 3 days from the date hereof and the respondents shall upon service file their responses within 10 days.f.That this matter be mentioned on 26/9/2023 for directions.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 21ST DAY OF JULY 2023. ...........................................D. KAVEDZAJUDGE1