[2021] KEHC 9477 (KLR)
The court found that since the respondents had no objections to the application for anticipatory bail and confirmed that there were no pending complaints or investigations against the applicants, there was no prejudice to the respondents in granting the orders sought. The court therefore allowed the application and...
Source-derived case information.
- Citation
- [2021] KEHC 9477 (KLR)
- Parties
- Applicant: Ronald Karauri; Applicant: Francis Waweru Kiarie; Respondent: Director of Public Prosecution; Respondent: Inspector General Police; Respondent: Director of Criminal Investigations; Respondent: Betting Control and Licensing Board
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E335 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Anticipatory Bail Application
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Anticipatory Bail, Pretrial Rights, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Karauri
Applicant
Francis Waweru Kiarie
Applicant
Director of Public Prosecution
Respondent
Inspector General Police
Respondent
Director of Criminal Investigations
Respondent
Betting Control and Licensing Board
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the applicants are entitled to anticipatory bail in the absence of pending complaints or investigations against them.
- 2 Whether the extension and confirmation of anticipatory bail would prejudice the respondents.
Ratio Decidendi
The court found that since the respondents had no objections to the application for anticipatory bail and confirmed that there were no pending complaints or investigations against the applicants, there was no prejudice to the respondents in granting the orders sought. The court therefore allowed the application and confirmed and extended the anticipatory bail for a period of 120 days from the date of the ruling, in terms of prayer 3 of the application dated 17.12.2020.
Court Disposition
application allowed
Orders
- The anticipatory bail of the applicants is confirmed and extended for a period of 120 days from the date of this ruling.
- No orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CRIMINAL APPLICATION CASE NO.E335 OF 2020
RONALD KARAURI..................................................................1ST APPLICANT
FRANCIS WAWERU KIARIE..................................................2ND APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTION.........................1ST RESPONDENT
INSPECTOR GENERAL POLICE.......................................2ND RESPONDENT
DIRECTOR OF CRIMINAL INVESTIGATIONS..............3RD RESPONDENT
BETTING CONTROL AND LICENSING BOARD............4TH RESPONDENT
RULING
I have considered the submissions of the parties herein. This application dated 17. 12. 2020 is basically for anticipatory bail. The Respondents have no objections to it and confirmed that they have no pending complaints or investigations against the applicant as alleged. Since the Respondents stand to suffer no prejudice should the anticipatory bail of the applicant be extended or confirmed, I hereby order that the bond of the applicant (anticipatory) be confirmed and extended for a period of 120 days from this date. The application of the applicant dated 17. 12. 2020 is therefore allowed in terms of prayer 3 to that extent. No orders as to costs.
HON. D. O. OGEMBO
JUDGE
2. 2.2021