[2023] KEHC 17726 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail and conservatory orders, given the credible apprehension of imminent arrest or detention without due process. The court certified the application as urgent and admitted the applicant to anticipatory bail in the...
Source-derived case information.
- Citation
- [2023] KEHC 17726 (KLR)
- Parties
- Applicant: Benard Njiinu Njiraini; Respondent: Director of Public Prosecution; Respondent: Director of Criminal Investigations; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E179 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Anticipatory Bail and Conservatory Orders
- Outcome
- Application certified urgent; anticipatory bail and conservatory orders granted pending inter partes hearing.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Conservatory Orders, Right to Liberty, Due Process, Criminal Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Njiinu Njiraini
Applicant
Director of Public Prosecution
Respondent
Director of Criminal Investigations
Respondent
Inspector General of Police
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Ex Parte Notice of Motion for Anticipatory Bail and Conservatory Orders
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to protect his liberty from imminent arrest without due process.
- 2 Whether a conservatory order should issue restraining the respondents from arresting or detaining the applicant pending hearing of the application.
- 3 Whether the respondents are prohibited from conducting investigations against the applicant.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of anticipatory bail and conservatory orders, given the credible apprehension of imminent arrest or detention without due process. The court certified the application as urgent and admitted the applicant to anticipatory bail in the sum of Kshs. 500,000 (personal bond). The court further issued a conservatory order restraining the respondents from arresting, holding, or detaining the applicant pending inter partes hearing. However, the court clarified that these orders do not prohibit the respondents from conducting investigations against the applicant, and if a decision to charge is made, the applicant...
Court Disposition
Application certified urgent; anticipatory bail and conservatory orders granted pending inter partes hearing.
Orders
- The application is certified as urgent.
- The applicant is admitted to anticipatory bail in the sum of Kshs. 500,000 (personal bond).
Full Case Text
Judgment text and source record
23 paragraphs
Njiraini v Director of Public Prosecution & 2 others (Criminal Miscellaneous Application E179 of 2023) [2023] KEHC 17726 (KLR) (Crim) (19 May 2023) (Ruling)
Neutral citation: [2023] KEHC 17726 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Miscellaneous Application E179 of 2023
DR Kavedza, J
May 19, 2023
Between
Benard Njiinu Njiraini
Applicant
and
Director of Public Prosecution
1st Respondent
Director of Criminal Investigations
2nd Respondent
Inspector General of Police
3rd Respondent
Ruling
1. The applicant Benard Njiinu Njiraini filed a Notice of Motion application dated 18/5/2023, under certificate of urgency. The application is brought under Articles 22, 23(3), 24, 29, 47, 50 and 165 (5) and (6) of the Constitution of Kenya. The application is supported by the affidavit of the applicant deponed on 18/5/2023.
2. The applicant has sought a conservatory order to issue 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 the applicant’s liberty without following the due process pending the hearing and determination of the application/ petition.
3. I have gone through the ex parte notice of motion application, the supporting affidavit and the annexures thereto, and issue the following orders:a.That the application is certified as urgent.b.That the applicant is admitted to anticipatory bail in the sum of Kshs. 500,000 (personal bond).c.That a conservatory order is issued restraining the respondents and or their representatives including subordinate officers from arresting, holding and/ or detaining the applicant pending hearing of the application interpartes.d.That the applicant shall be escorted by his advocate to the offices of the 2nd Respondent on 22/5/2023 for questioning and/ or interview.e.That the order of the court does not in any way prohibit the respondents from conducting investigations against the applicant.f.That should a decision to charge the applicant be made by the respondents, the applicant shall be summoned to the respondents’ offices for processing, and the applicant shall be directed to the relevant court to take plea, in which case the order of the court shall automatically lapse.g.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.h.That this matter be mentioned on 20/6/2023 for directions.
RULING READ AND DELIVERED ON 19TH DAY OF MAY 2023. D. KAVEDZAJUDGE