[2015] KEHC 1805 (KLR)
The court found that the applicant failed to demonstrate any actual or imminent infringement of her constitutional rights that would justify the grant of anticipatory bail. The mere fact that police are conducting investigations following a complaint does not amount to a breach of rights, as the criminal justice...
Source-derived case information.
- Citation
- [2015] KEHC 1805 (KLR)
- Parties
- Applicant: Victoria Wambui Kibunja; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 319 of 2015
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- AW Macharia
- Legal Topics
- Anticipatory Bail, Constitutional Rights, Police Investigations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victoria Wambui Kibunja
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant has demonstrated infringement or threat of infringement of constitutional rights to warrant grant of anticipatory bail.
- 2 Whether police investigations and summons constitute a breach of the applicant's rights.
Ratio Decidendi
The court found that the applicant failed to demonstrate any actual or imminent infringement of her constitutional rights that would justify the grant of anticipatory bail. The mere fact that police are conducting investigations following a complaint does not amount to a breach of rights, as the criminal justice process allows for such investigations. Furthermore, constitutional safeguards ensure that any person taken into custody must be brought before a court within 24 hours, providing adequate protection against unlawful detention. Therefore, the application for anticipatory bail was dismissed.
Court Disposition
application dismissed
Orders
- The application for anticipatory bail is dismissed.
- The applicant should present herself at Ruiru Police Station for investigations.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CRIMINAL APPLICATION NO.319 OF 2015
VICTORIA WAMBUI KIBUNJA………………....………….APPLICANT
VERSUS
REPUBLIC ………………………………..………….…..RESPONDNET
RULING
The application being for orders for anticipatory bond, the litmus test is that the applicant must demonstrate that his Constitutional rights as enshrined in the Bill of Rights have been infringed or that there is serious threat to breach of his rights if the anticipatory bail is not granted.
In the present case, the applicant contends that the police are being used by the complainant to turn a civil suit into a criminal case. Be that as it may, it is part of the criminal justice process for proper investigations to be carried out by the police once a complaint has been lodged. A complaint has been lodged and the police must conduct due investigations before they arrive at a conclusion that the applicant should be charged in that case. I see nothing wrong with the police summoning him for purposes of investigations.
Further, the Constitution has put in place safeguards that ensures that if a person is put in custody, he cannot be incarcerated for more than 24 hours before he is arraigned in court. That being the case, since the applicant has submitted himself to the due process of investigations, he should present himself at Ruiru Police Station for this purpose. Should the police deem it fit to charge him, they should not place him in custody for a period longer than is provided by the Constitution.
On the whole however, it is my view that the applicant has not demonstrated that he is entitled to the orders sought. The application is dismissed.
DATED AND DELIVERED THIS 18TH SEPTEMBER, 2015
HON. G. W. NGENYE – MACHARIA
JUDGE
In the presence of:
1. Mr. Gachomo for application
2. Mr. Muriithi for the Respondent