[2024] KEHC 8552 (KLR)
The court found that, pending inter partes hearing, the petitioner had demonstrated sufficient grounds for the grant of a temporary injunction restraining the respondents from arresting him. The court also admitted the petitioner to anticipatory bond, recognizing the need to protect his constitutional rights to...
Source-derived case information.
- Citation
- [2024] KEHC 8552 (KLR)
- Parties
- Applicant: Jude Thadeus Ragot; Respondent: The Officer in Charge, DCI Central Police Station Kisumu & another
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E013 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- Interim orders granted; application not certified as urgent; directions issued for service and responses.
- Judges
- MS Shariff
- Legal Topics
- Anticipatory Bail, Temporary Injunction, Right to Liberty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jude Thadeus Ragot
Applicant
The Officer in Charge, DCI Central Police Station Kisumu & another
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the petitioner is entitled to anticipatory bail to prevent imminent arrest.
- 2 Whether a temporary injunction restraining the respondents from arresting the petitioner should be granted pending inter partes hearing.
- 3 Whether the application should be certified as urgent.
Ratio Decidendi
The court found that, pending inter partes hearing, the petitioner had demonstrated sufficient grounds for the grant of a temporary injunction restraining the respondents from arresting him. The court also admitted the petitioner to anticipatory bond, recognizing the need to protect his constitutional rights to liberty and due process in the face of a credible threat of arrest. The application was not certified as urgent, but directions were issued for expedited service and response. The orders are interim, pending full hearing of the application.
Court Disposition
Interim orders granted; application not certified as urgent; directions issued for service and responses.
Orders
- Application not certified as urgent.
- Petitioner to serve application upon respondents within 2 days.
Full Case Text
Judgment text and source record
16 paragraphs
Ragot v Officer in Charge, DCI Central Police Station Kisumu & another (Petition E013 of 2024) [2024] KEHC 8552 (KLR) (15 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8552 (KLR)
Republic of Kenya
In the High Court at Kisumu
Petition E013 of 2024
MS Shariff, J
July 15, 2024
Between
Jude Thadeus Ragot
Petitioner
and
The Officer in Charge, DCI Central Police Station Kisumu & another
Respondent
Ruling
1. Upon perusal of the Petitioner’s notice of motion dated 4. 7.2024 and the affidavit in support thereof sworn by Jude Thadeus Ragot on even date I do hereby make the following orders:-1. This application is not certified as urgent.2. The Petitioner is directed to serve the same upon the Respondent within 2 days from the date hereof.3. The Respondents are directed to file their responses within 10 days from the date hereof.4. The Applicant/Petitioner is granted leave to file a further affidavit, if need be simultaneously with his submissions within 21 days from the date hereof.5. The Respondents are directed to file their submissions within 31 days from the date hereof.6. Mention on 25/09/2024 before High Court No. 1 to confirm compliance.7. In the interim an order of temporary injunction is hereby issued against the Respondents restraining them from arresting the Petitioner until this application is heard inter partes.8. The Petitioner is hereby admitted to anticipatory bond of Kshs.500,00 and one surety of a similar amount.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 15THDAY OF JULY, 2024. M. S. SHARIFFJUDGE