[2013] KEHC 804 (KLR)
The court found that the applicant failed to demonstrate any violation or threatened violation of his constitutional rights by the police. The applicant's own affidavit admitted to bribery and escaping from lawful arrest, both of which are unlawful and undermine his claim for anticipatory bail. The court emphasized...
Source-derived case information.
- Citation
- [2013] KEHC 804 (KLR)
- Parties
- Applicant: Stanley Kipchirchir Kosgey; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 98 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Anticipatory Bail
- Outcome
- application dismissed
- Legal Topics
- Anticipatory Bail, Constitutional Rights Enforcement, Police Misconduct, Bribery Allegations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kipchirchir Kosgey
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Anticipatory Bail
Legal Issues
- 1 Whether the applicant is entitled to anticipatory bail on grounds of alleged police harassment and threats.
- 2 Whether the applicant's constitutional rights have been violated or are threatened with violation by the police.
- 3 Whether admission of bribery and escape from lawful arrest disentitles the applicant to anticipatory bail.
Ratio Decidendi
The court found that the applicant failed to demonstrate any violation or threatened violation of his constitutional rights by the police. The applicant's own affidavit admitted to bribery and escaping from lawful arrest, both of which are unlawful and undermine his claim for anticipatory bail. The court emphasized that anticipatory bail is an exceptional remedy only available where there is clear evidence of infringement or threat to constitutional rights, which was not established in this case. The applicant had alternative legal avenues for redress if aggrieved by police conduct. Consequently, the application for anticipatory bail was dismissed.
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
MISC. CR. APPLICATION NO. 98 OF 2013
STANLEY KIPCHIRCHIR KOSGEY ….............................. APPLICANT
=VERSUS=
REPUBLIC …...................................................................... RESPONDENT
RULING
[Application for anticipatory bail, principles to be applied; Applicant admitting to bribery; Applicant escaping a lawful arrest; no violation of his Constitutional rights, application dismissed]
The Applicant has filed an application seeking anticipatory bail. He has deponed in his affidavit that the police at Nandi have been harassing him on allegations that he may have been involved in committing the offence of Robbery with Violence. He has stated that he was arrested on 17/02/2013, and asked for a bribe to be released. He was released the next day without any charges being preferred after his father assisted with Kshs. 15,000/=. He has stated he has been threatened by the police. He has deponed that on 11/10/2013, the police officers at Nandi moved to arrest him but he escaped.
It is now settled that a person will only be granted anticipatory bail if he can demonstrate that his Constitutional rights have been or may be infringed. See W. Njuguna =vrs= Republic (2004) KLR 520. In this case, the Applicant states that he was arrested and released the following day without being charged. However, he admits that Ksh 15,000/= exchanged hands. In other words, he is admitting to bribery. If this is true, then he was released after bribing a police officer. I do not think I have much sympathy to one who opts to bribe rather than face the law. If the Applicant had a problem with being placed in custody on 17/02/2013, as alleged, he had a venue to seek redress or compensation. I can also see that he admits having escaped arrest on 11/10/2013. It is not proper for anyone to escape or attempt to avoid a lawful arrest.
I have not seen any violation of the Constitutional Rights of the Applicant. In fact, he has a duty to attend at the police station to assist the police in investigating the offences which I can see relate to the robbery of motor-cycles in Nandi Hills area.
The upshot of this is that this application is dismissed.
S. MUNYAO
JUDGE.
Ruling delivered on 28th October, 2013. Read in the presence of Mr. Arap Miteiholding brief for Mr. Lel for the Applicant.
S. MUNYAO
JUDGE.