[2024] KEHC 5293 (KLR)
The High Court at Kibera lacks territorial jurisdiction to entertain an application for anticipatory bail where the alleged offences and investigations originate from Transmara Sub-County in Narok County. The proper forum for such an application is the Narok High Court, which has supervisory jurisdiction over the...
Source-derived case information.
- Citation
- [2024] KEHC 5293 (KLR)
- Parties
- Applicant: Wang Weibo; Applicant: Wen Gaoyuan; Applicant: Bao Gold Hill Kenya Limited; Respondent: Direcctor of Public Prosecutions; Respondent: Director Criminal Investigations; Respondent: Inspector General of Police; Respondent: Director General Department of Immigration
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 36 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
- Outcome
- application struck out for lack of territorial jurisdiction
- Judges
- DR Kavedza
- Legal Topics
- Anticipatory Bail, Territorial Jurisdiction, Unauthorised Mining, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wang Weibo
Applicant
Wen Gaoyuan
Applicant
Bao Gold Hill Kenya Limited
Applicant
Direcctor of Public Prosecutions
Respondent
Director Criminal Investigations
Respondent
Inspector General of Police
Respondent
Director General Department of Immigration
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Anticipatory Bail Application
Legal Issues
- 1 Whether the High Court at Kibera has territorial jurisdiction to grant anticipatory bail in respect of offences investigated in Narok County.
- 2 Whether the applicants have demonstrated sufficient grounds for the grant of anticipatory bail.
Ratio Decidendi
The High Court at Kibera lacks territorial jurisdiction to entertain an application for anticipatory bail where the alleged offences and investigations originate from Transmara Sub-County in Narok County. The proper forum for such an application is the Narok High Court, which has supervisory jurisdiction over the subject matter. The applicants failed to provide evidence that the criminal proceedings at Kilgoris Law Courts were concluded, and the court found no sufficient basis to grant anticipatory bail. Consequently, the application was struck out for want of jurisdiction.
Court Disposition
application struck out for lack of territorial jurisdiction
Orders
- The application dated 16th May 2024 is struck out.
- No orders as to anticipatory bail are granted.
Full Case Text
Judgment text and source record
31 paragraphs
Weibo & 2 others v Direcctor of Public Prosecutions & 3 others (Miscellaneous Criminal Application 36 of 2024) [2024] KEHC 5293 (KLR) (21 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5293 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application 36 of 2024
DR Kavedza, J
May 21, 2024
Between
Wang Weibo
1st Applicant
Wen Gaoyuan
2nd Applicant
Bao Gold Hill Kenya Limited
3rd Applicant
and
Direcctor of Public Prosecutions
1st Respondent
Director Criminal Investigations
2nd Respondent
Inspector General of Police
3rd Respondent
Director General Department of Immigration
4th Respondent
Ruling
1. The 1st and 2nd applicants filed the notice of motion dated 16th May 2024 under certificate of urgency. The applicants are seeking orders of anticipatory bail. The application is supported by an affidavit of similar date sworn by the 1st applicant.
2. The averments made in support of the application are that he is a director of the 3rd respondent company, with the 2nd applicant being its project manager. He holds a valid work permit. The company applied for a mining license which is pending approval. in early 2024, the 1st and 2nd applicants were arrested and charged in Kilgoris Law Court for the offence of engaging in unauthorised mining operations vide Cr. E398/24. That they pleaded guilty and have were paid the fine imposed. Since then, officers from the 2nd respondent have been threatening them with arrest and deportation for allegedly conducting mining activities without a valid license. They are apprehensive of their impending arrest and charge. They sough the court’s intervention.
3. Having considered the application, the supporting affidavit, and the applicable law, it is noted that the applicants have annexed the incorporation certificate of the 3rd applicant and the prospecting license issued thereto. They have also attached the charge sheet pursuant to which they were arraigned in Kilgoris. However, they did not provide the certified record of proceedings from the said court. From the annexures on record, there is no evidence indicating that the case against the applicants was heard and determined by the court sitting at Kilgoris.
4. Notwithstanding this, it is evident that the 1st and 2nd applicants were charged at Kilgoris Law Courts. Furthermore, the investigations in this matter originate from Transmara Sub-County in Narok County. The court vested with supervisory jurisdiction over this subject matter is the Narok High Court. Consequently, I decline to grant the orders of anticipatory bail sought for lack of territorial jurisdiction.
5. The application dated 16th May 2024, is consequently struck out.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 21ST DAY OF MAY 2024______________D. KAVEDZAJUDGE