[2025] KEHC 9573 (KLR)

[2025] KEHC 9573 (KLR)

The Court found that the Applicant failed to demonstrate any actual or threatened violation of her constitutional rights by the police or other state organs. The allegations of harassment and threats of arrest were unsupported by evidence, and the police were acting within their constitutional mandate to investigate complaints arising from business transactions. The Applicant's request for anticipatory bail was based on mere apprehension and unsubstantiated claims, which do not meet the threshold for such relief. Furthermore, the Court held that it cannot compel parties to mediate, as mediation is a voluntary process, and the Applicant had not even notified the interested parties whose...

Citation
[2025] KEHC 9573 (KLR)
Parties
Applicant: Alice Jebet Rono; Respondent: Republic
Court
High Court
Court Station
High Court at Iten
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Miscellaneous Criminal Application E030 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Notice of Motion for Anticipatory Bail and Related Orders
Outcome
application dismissed
Judges
JRA Wananda
Legal Topics
Anticipatory Bail, Abuse of Process, Police Investigations, Mediation Requests, Constitutional Rights, Business Related Offences
Source Language
English
Criminal Law Civil Procedure Anticipatory Bail Abuse of Process Police Investigations Mediation Requests Constitutional Rights Business Related Offences

Case Brief

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Parties

Alice Jebet Rono

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Notice of Motion for Anticipatory Bail and Related Orders

Legal Issues

  1. 1 Whether the Applicant is deserving of anticipatory bail suspending her arrest and criminal prosecution pending investigations, and also staying related civil legal proceedings.
  2. 2 Whether the Court should refer all cases, proceedings or complaints brought against the Applicant to mediation.

Ratio Decidendi

The Court found that the Applicant failed to demonstrate any actual or threatened violation of her constitutional rights by the police or other state organs. The allegations of harassment and threats of arrest were unsupported by evidence, and the police were acting within their constitutional mandate to investigate complaints arising from business transactions. The Applicant's request for anticipatory bail was based on mere apprehension and unsubstantiated claims, which do not meet the threshold for such relief. Furthermore, the Court held that it cannot compel parties to mediate, as mediation is a voluntary process, and the Applicant had not even notified the interested parties whose...

Court Disposition

application dismissed

Orders

  • The Application is dismissed in its entirety.