[2023] KEHC 25251 (KLR)
The court found that the 1st applicant had demonstrated a reasonable apprehension of arrest and possible violation of his constitutional rights, particularly in light of the ongoing civil dispute and the existence of injunctive orders in his favour. The court held that anticipatory bail was warranted to safeguard...
Source-derived case information.
- Citation
- [2023] KEHC 25251 (KLR)
- Parties
- Applicant: Martin Munene Njenga; Applicant: Efficient Dynamics & Supplies Limited; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- Application for anticipatory bail allowed; orders granted as specified.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Due Process, Police Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Munene Njenga
Applicant
Efficient Dynamics & Supplies Limited
Applicant
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the 1st applicant is entitled to anticipatory bail pending arrest or charge.
- 2 Whether the respondents can lawfully arrest or detain the 1st applicant without following due process in relation to the occupation and running of the business on LR Number 3734/843.
- 3 Whether the police have ignored injunctive orders issued by the Environment and Land Court in Milimani ELC Case No. 006 of 2023.
Ratio Decidendi
The court found that the 1st applicant had demonstrated a reasonable apprehension of arrest and possible violation of his constitutional rights, particularly in light of the ongoing civil dispute and the existence of injunctive orders in his favour. The court held that anticipatory bail was warranted to safeguard the applicant's liberty, but clarified that this did not preclude lawful investigation or prosecution by the respondents. The court balanced the applicant's right to liberty with the respondents' mandate to investigate crime, directing that the applicant be admitted to anticipatory bail and that any further action by the respondents must comply with due process and court orders.
Court Disposition
Application for anticipatory bail allowed; orders granted as specified.
Orders
- The application is certified urgent.
- The 1st 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
25 paragraphs
Njenga & another v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 25251 (KLR) (14 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25251 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E010 of 2023
DR Kavedza, J
November 14, 2023
Between
Martin Munene Njenga
1st Applicant
Efficient Dynamics & Supplies Limited
2nd Applicant
and
Director of Criminal Investigations
1st Respondent
Inspector General of Police
2nd Respondent
Director of Public Prosecution
3rd Respondent
Ruling
1. The 1st Applicant, Martin Munene Njenga, being the Director of the 2nd Applicant has through a Notice of Motion application dated 10th November 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge.
2. Secondly, the 1st applicant seeks further orders restraining the respondents whether acting by themselves, their agents, representatives and/or all other officers subordinate to them from summoning, arresting, holding, detaining, incarcerating, and/or in any other way interfering with his liberty without following due process of the law in connection to occupation and running of the business of the car yard/ bazaar on land reference Number LR Number 3734/843 situated off James Gichuru Road, Nairobi County, pending determination of the application.
3. The motion which is brought under Articles 23, 24, 29, 49, 159 and 165 of the Constitution and section 123 of the Criminal Procedure Code is supported by the affidavit of the 1st applicant of even date. The 1st applicant avers that on 28/10/2022, being the director of the 2nd applicant, he entered into a lease agreement with Gret Café Limited (the ‘Landlord’) for the said property known as LR Number 3734/843 for a period of 5 years and 3 months. He further avers that the landlord breached the terms of the agreement following which he moved to court and instituted proceedings against the landlord in Milimani ELC Case No. 006 of 2023 wherein injunctive orders were also issued against the landlord. Lastly, he avers that the police have ignored the injunctive orders and he is apprehensive that they are being used by the landlord to frustrate him and settle old scores emanating from his occupation of the suit land.
4. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The 1st applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the 1st applicant for any Criminal Conduct. However, they shall not arrest him and they shall not detain him in view of order (b) above or until further orders of the court.d.The applicants’ advocates are further directed to escort the 1st applicant to the offices of the 1st respondent for questioning and or interview on 17th November, 2023. e.Upon such investigations, the DPP (3rd respondent) is at liberty to present any charge against the applicants in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.It is so ordered. File closed.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 14TH DAY OF NOVEMBER 2023. ________________D. KAVEDZAJUDGE