[2023] KEHC 18376 (KLR)
The court found that while anticipatory bail is not specifically provided for under the Constitution, the right to liberty is protected, and the court has inherent jurisdiction to grant such relief where a threat to liberty is demonstrated. The applicant's affidavit and annexures satisfied the court that there was...
Source-derived case information.
- Citation
- [2023] KEHC 18376 (KLR)
- Parties
- Applicant: Credius Nyamwange N Oigara; Respondent: Director of Public Prosecution; Respondent: Inspector General of Police; Respondent: Director of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E211 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- Application for anticipatory bail allowed; anticipatory bail granted with conditions.
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Right to Liberty, Constitutional Rights Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Credius Nyamwange N Oigara
Applicant
Director of Public Prosecution
Respondent
Inspector General of Police
Respondent
Director of Criminal Investigations
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail to prevent arrest by the respondents.
- 2 Whether the Constitution provides for anticipatory bail or protection of liberty in the circumstances presented.
Ratio Decidendi
The court found that while anticipatory bail is not specifically provided for under the Constitution, the right to liberty is protected, and the court has inherent jurisdiction to grant such relief where a threat to liberty is demonstrated. The applicant's affidavit and annexures satisfied the court that there was merit in the application. Consequently, the court granted anticipatory bail to the applicant and issued orders restraining the respondents from arresting or detaining him pending further directions, subject to the applicant's cooperation with investigations and compliance with court directions.
Court Disposition
Application for anticipatory bail allowed; anticipatory bail granted with conditions.
Orders
- The application is certified as urgent.
- The applicant is admitted to anticipatory bail of Kshs 100,000/=.
Full Case Text
Judgment text and source record
24 paragraphs
Oigara v Director of Public Prosecution & 2 others (Miscellaneous Case E211 of 2023) [2023] KEHC 18376 (KLR) (Crim) (13 June 2023) (Ruling)
Neutral citation: [2023] KEHC 18376 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Case E211 of 2023
DR Kavedza, J
June 13, 2023
Between
Credius Nyamwange N Oigara
Applicant
and
Director of Public Prosecution
1st Respondent
Inspector General of Police
2nd Respondent
Director of Criminal Investigations
3rd Respondent
Ruling
1. The applicant Credius Nyamwange N Oigara has filed a notice of motion application under articles 10, 19, 20, 23, 27, 28, 29, 31, 40, 47, 48, 49, 50, 60(1), 84, 157, 159, 165, 258 and 259 of the Constitution. The application is filed under certificate of urgency supported by an affidavit dated June 7, 2023, sworn by the applicant. The applicant has sought a conservatory order restraining the respondents, their servants, agents, officers or employees from arresting the applicant herein.
2. Although the applicant has listed various articles of the Constitution, none of them specifically refer to anticipatory orders.
3. I do note that anticipatory bail is not specifically provided for under the Constitution. However, the Constitution mandates the government to protect and respect the rights of all Kenyans, this includes the right to liberty.
4. Having gone through the affidavit of the applicant and the annexures, I am satisfied that the application is merited and issue the following orders:a.That the application is certified as urgent.b.That the applicant is admitted to anticipatory bail of Kshs 100,000/=.c.That the respondents, either by themselves, their servants and or agents are prohibited from arresting or detaining the applicant pending hearing of this application.d.That the applicant’s advocates are directed to escort the applicant to the offices of the 3rd Respondent for questioning and or interview on June 16, 2023. e.That the applicant shall cooperate with the investigators during the period of investigations.f.That should a decision to charge the applicant be made, the applicant and his advocates shall be informed to report to the relevant police station for processing.g.That the applicant shall be informed in advance the court he is to appear for plea.h.That the orders of this court shall lapse if a decision to charge the applicant is made.i.That this order and the application to be served upon the respondents within 3 days.j.That upon service, the respondents shall have ten (10) days to file their responses.k.That this matter shall be mentioned on July 4, 2023, for directions.
RULING DELIVERED VIRTUALLY ON 13TH DAY OF JUNE, 2023. ..........................................D. KAVEDZAJUDGE