[2007] KEHC 2121 (KLR)
The court found that the issues raised by the applicants are serious, involving both foreign investment and individual civil liberties, and that there are allegations of criminal conduct. The court determined that the dispute can only be resolved after hearing all parties, including the alleged co-conspirator. To...
Source-derived case information.
- Citation
- [2007] KEHC 2121 (KLR)
- Parties
- Applicant: Tibor Mulnar; Applicant: Zssussanna Banski Zsudor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2007
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Ex Parte Motion for Bail Pending Arrest
- Outcome
- Interlocutory orders granted to preserve status quo; applicants not to be arrested or deported pending hearing.
- Legal Topics
- Bail Pending Arrest, Right to Liberty, Foreign Investment Disputes, Deportation Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tibor Mulnar
Applicant
Zssussanna Banski Zsudor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Ex Parte Motion for Bail Pending Arrest
Legal Issues
- 1 Whether the applicants are entitled to bail pending arrest to protect their liberties.
- 2 Whether the applicants should be protected from deportation or arrest pending the hearing of the motion.
- 3 Whether the dispute involves criminal offences or civil liberties requiring urgent intervention.
Ratio Decidendi
The court found that the issues raised by the applicants are serious, involving both foreign investment and individual civil liberties, and that there are allegations of criminal conduct. The court determined that the dispute can only be resolved after hearing all parties, including the alleged co-conspirator. To preserve the status quo and protect the applicants' liberties, the court ordered that the applicants should not be arrested or deported at this interlocutory stage. The respondent may continue investigations, but the applicants must not be confined in custody before the hearing and determination of the motion. The applicants are required to amend the motion to include Kennedy...
Court Disposition
Interlocutory orders granted to preserve status quo; applicants not to be arrested or deported pending hearing.
Orders
- Applicants shall not be arrested or deported by the respondent pending hearing and determination of the motion.
- Respondent may carry out investigations without hindrance but must not confine applicants in custody before hearing.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Misc Crim Case 9 of 2007
TUBOR MULNAR………………………………....…….1ST APPLICANT
ZSSUZSANNA BANSKI ZSUDOR………....…………2ND APPLICANT
VERSUS
REPUBLIC ……………………………………………….RESPONDENT
R U L I N G
Pursuant to a motion taken out under Sections 60,74 and 84 of the Constitution and Section 123 (3) of the Criminal Procedure Code, the applicants herein namely: Tibor Mulnar and Zssussanna Banski Szudor applied to be admitted to bail pending arrest to secure or protect their liberties. Tibor Mulnar swore an affidavit in support of the motion. The applicant’s application proceeded for hearing exparte in view of the fact that it was so urgent and that the applicants were at the risk of being arrested.
The applicants aver that they are Hungarian Nationals who have put their investments in Kenya as foreign investors through a company known as Constellation Ltd. They have estimated the value of their investment to be Kshs.14 million. The duo claimed that they incorporated one Kennedy George Otieno James as a director in their company. They now claim that Mr. Kennedy George Otieno James has schemed to have them deported from Kenya so that he may unjustly inherit or grab their investments.
The applicants have annexed to the affidavit of Tibor Mulnar documents to show that they have already been summoned to appear before the immigration officers for grilling. The applicants now claim that Kennedy George Otieno James had procured fake visas to enable enter this country and that he has now reported the anomaly to the immigration office so that the applicants are deported after which he will take over their investment.
I have carefully considered the applicants submissions. I have also taken into account the material placed before me. The issues raised in this motion are very serious. They touch on foreign investments and individual Civil liberties. The motion also reveals that some criminal offences may have been committed when the applicants started their foreign investments in Kenya.
After a careful consideration of the issues raised in this matter I have come to the conclusion that the dispute can only be resolved if all the parties mentioned or accused are invited to state their side of the story. However, before they are invited to do so, the status quo should be preserved first. At this interlocutory stage, the applicants should not be arrested nor deported by the Respondent. The Respondent is at liberty to carry out its investigation without hindrance. The applicants should therefore submit themselves for interrogation before the Respondent when required but the Respondent should ensure that the applicants are not confined in custody before the hearing and determination of this motion.
The applicants are directed to have the motion amended to include the names of Kennedy George Otieno James as a party in these proceedings and thereafter to have the amended motion served upon the Attorney General and Kennedy George Otieno James. The motion should be amended and served within 14 days from the date hereof. The same is fixed for interpartes hearing on 9/3/2007. By then all parties should have filed their responses.
Dated and delivered at Mombasa this 21st Day of February 2007.
J.K. SERGON
J U D G E
In open court in the presence of Mr.