[2024] KEHC 7895 (KLR)
The court found that the application for anticipatory bond had been overtaken by events since the applicant was arrested and the issues that prompted the application were resolved. Both parties agreed that the application was no longer necessary. The court, therefore, exercised its discretion to mark the application...
Source-derived case information.
- Citation
- [2024] KEHC 7895 (KLR)
- Parties
- Applicant: Geoffrey Ngeta Thuo; Respondent: Director Of Public Prosecution; Respondent: The OCS Bondeni Police Station; Respondent: The OCS Central Police Station
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E091 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bond Application
- Outcome
- Application marked as overtaken by events; file closed.
- Judges
- PN Gichohi
- Legal Topics
- Anticipatory Bail, Criminal Procedure, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Ngeta Thuo
Applicant
Director Of Public Prosecution
Respondent
The OCS Bondeni Police Station
Respondent
The OCS Central Police Station
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bond Application
Legal Issues
- 1 Whether the application for anticipatory bond was still relevant after the applicant's arrest and resolution of the underlying issues.
Ratio Decidendi
The court found that the application for anticipatory bond had been overtaken by events since the applicant was arrested and the issues that prompted the application were resolved. Both parties agreed that the application was no longer necessary. The court, therefore, exercised its discretion to mark the application as spent and closed the file, as there was no longer a live issue for determination.
Court Disposition
Application marked as overtaken by events; file closed.
Orders
- The application dated 10/6/2024 is considered as having been overtaken by events.
- The file is marked as closed.
Full Case Text
Judgment text and source record
31 paragraphs
Thuo v Director of Public Prosecution & 2 others (Miscellaneous Criminal Application E091 of 2024) [2024] KEHC 7895 (KLR) (2 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7895 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Criminal Application E091 of 2024
PN Gichohi, J
July 2, 2024
Between
Geoffrey Ngeta Thuo
Applicant
and
Director Of Public Prosecution
1st Respondent
The OCS Bondeni Police Station
2nd Respondent
The OCS Central Police Station
3rd Respondent
Ruling
1. What was coming up today was the Applicant’s Notice of Motion dated 10/6/2024 where the Applicant was seeking anticipatory bond.
2. The court had directed that it be served on the Respondent for directions on 17/6/2024. However, that day was declared a public holiday and the court directed (through a notice) that the matter be listed on 24/6/2024.
3. There was no attendance by parties prompting the court to notify them to attend court today.
4. Mr Okiro for the Applicant has intimated that he never served the Respondent with the Notice of Motion as directed by court.
5. His reasons are that the Applicant was finally arrested and the issues sorted out.
6. He therefore urged the court to consider the Application herein as having been overtaken by events and have the file closed.
7. Mr Kihara for Respondent confirmed not having been served with heh application and therefore had no issue with the request by the Applicant’s counsel.
8. In the circumstances this court has considered the nature of the orders sought and the grounds thereof, together with the affidavit in support sworn by Geoffrey Ngeta Thuo (Applicant) expounding the grounds and the nature of the application.
9. The court has considered the submissions by counsel for the Applicant showing that the circumstances have since changed.
10. The application dated 10/6/2024 is now considered as having been overtaken by events.
11. This file is now marked as closed.
12. No orders as to costs.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 2ND DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:-Mr Okiro for ApplicantMr. Kihara for StateRuto, Court Assistant