[2023] KEHC 20790 (KLR)
The court found that the applicants had demonstrated sufficient grounds for the grant of anticipatory bail, given the urgency and the threat of arrest or detention. The court held that anticipatory bail is a protective remedy available to individuals who can show a real and imminent threat to their liberty. However,...
Source-derived case information.
- Citation
- [2023] KEHC 20790 (KLR)
- Parties
- Applicant: Hon Anthony Oluoch; Applicant: Hon. Peter Imwatok; Applicant: Hon Peter Owera Oluoch; Respondent: The Director Of Public Prosecutions; Respondent: The Inspector General Of Police; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E279 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Habeas Corpus and Anticipatory Bail
- Outcome
- Application for anticipatory bail granted with conditions.
- Judges
- DR Kavedza
- Legal Topics
- Habeas Corpus, Anticipatory Bail, Pre Trial Rights, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon Anthony Oluoch
Applicant
Hon. Peter Imwatok
Applicant
Hon Peter Owera Oluoch
Applicant
The Director Of Public Prosecutions
Respondent
The Inspector General Of Police
Respondent
The Attorney General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Habeas Corpus and Anticipatory Bail
Legal Issues
- 1 Whether the applicants are entitled to orders of habeas corpus and anticipatory bail in the circumstances presented.
- 2 Whether the respondents can arrest or detain the applicants pending investigations or charges.
- 3 Whether the respondents retain the right to investigate and charge the applicants despite the grant of anticipatory bail.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient grounds for the grant of anticipatory bail, given the urgency and the threat of arrest or detention. The court held that anticipatory bail is a protective remedy available to individuals who can show a real and imminent threat to their liberty. However, the court clarified that such bail does not preclude the respondents from conducting investigations or preferring charges against the applicants. The respondents retain the right to summon, investigate, and, if necessary, charge the applicants, provided that the applicants are not arrested or detained unless they fail to honor summons. The trial court, if charges are...
Court Disposition
Application for anticipatory bail granted with conditions.
Orders
- The application is certified urgent.
- The applicants are admitted to anticipatory bail in the sum of KES 100,000 to be deposited in court.
Full Case Text
Judgment text and source record
24 paragraphs
Oluoch & 2 others v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E279 of 2023) [2023] KEHC 20790 (KLR) (25 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20790 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Criminal Application E279 of 2023
DR Kavedza, J
July 25, 2023
Between
Hon Anthony Oluoch
1st Applicant
Hon. Peter Imwatok
2nd Applicant
Hon Peter Owera Oluoch
3rd Applicant
and
The Director Of Public Prosecutions
1st Respondent
The Inspector General Of Police
2nd Respondent
The Attorney General
3rd Respondent
Ruling
1. I have considered the Notice of Motion application dated July 21, 2023 filed under certificate of urgency and the supporting affidavits of the applicants; Anthony Oluoch, Peter Imwatok and Peter Oluoch, dated July 19, 2023 in which they seek orders of habeas corpus and anticipatory bail, and order as follows:a.That the application is certified urgent.b.That the applicants are 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 and 2nd respondents are at liberty to investigate or charge the applicants for any Criminal Conduct. However, they shall not arrest them (unless the applicants fail to honour their summons) and they shall not detain them 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) is at liberty to present any charge against the applicants in any court; and such 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 7 days from the date hereof and the respondents shall upon service file their responses within 10 days.f.That this matter be mentioned on September 26, 2023 for directions.
RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 25TH DAY OF JULY 2023. ________________D. KAVEDZAJUDGE