[2012] KEHC 1987 (KLR)
The court held that while individuals have a right not to be arrested on false or trumped-up charges, anticipatory bail should not be used as a shield against lawful police investigations or to avoid appearing before the police. The applicants, being witnesses in a related land dispute, are expected to cooperate...
Source-derived case information.
- Citation
- [2012] KEHC 1987 (KLR)
- Parties
- Applicant: Wilfred Omela Ejakait; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 48 of 2012
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Applicants admitted to bond and ordered to appear before police for investigation.
- Judges
- AO Muchelule
- Legal Topics
- Anticipatory Bail, Police Investigations, Witness Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Omela Ejakait
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicants are entitled to anticipatory bail to prevent arrest on alleged false charges.
- 2 Whether anticipatory bail can be used to grant immunity from police questioning in connection with a reported offence.
Ratio Decidendi
The court held that while individuals have a right not to be arrested on false or trumped-up charges, anticipatory bail should not be used as a shield against lawful police investigations or to avoid appearing before the police. The applicants, being witnesses in a related land dispute, are expected to cooperate with the police and respond to any complaints made against them. The court found that the proper course of action is for the applicants to present themselves to the DCIO Mukuyuni to clarify the nature of the complaint and provide any necessary statements. Accordingly, the court admitted each applicant to a bond of Ksh.50,000 to ensure their appearance before the police within 24...
Court Disposition
Applicants admitted to bond and ordered to appear before police for investigation.
Orders
- Each applicant is admitted to a bond of Ksh.50,000.
- Applicants to appear before the DCIO Mukuyuni within 24 hours to facilitate investigations and record statements as required.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
Miscellaneous Criminal Application 48 of 2012
WILFRED OMELA EJAKAIT.......................................................................APPLICANT
~VRS~
REPUBLIC................................................................................................RESPONDENT
RULING
The Applicants seek anticipatory bail. There is Kimilili SRM CC no.25 of 2011 in which the Plaintiff Joseph Taabu Desilo seeks to evict the Defendant Peter Okiru Omega from land parcel number Bungoma/Kamokoiwa/4976. The Plaintiff claims he bought the land from one Joseph Wabwile Munga’u in 1995/1996 and has since become the registered owner. The Defendant allegedly encroached on the land and occupied the Plaintiff’s houses thereon. The Defendant’s case is that the land was bought by his father, the late Nicodemus Eroto Omega. The deceased was the Plaintiff’s brother. The Plaintiff, somehow and fraudulently, acquired title to the land. The Defendant has always occupied the land and denied the allegation that he has encroached on it. He has complained to the DCIO, Mukuyuni about the Applicants and police are looking for them to arrest them. The Applicants came for bail because they are witnesses for the Plaintiff in the land case and allege that the complaint to police is so that they are charged falsely to prevent them from testifying in the case.
Whereas it is the right of the Applicants not to be arrested on false or trumped-up charges, anticipatory bail should not be used to give immunity from appearing before the police who wish to question them in connection with a reported offence or complaint. The Applicants should have no fear when requested to go to a police station following a complaint against them. It is part of their civic duty and responsibility to help the police in any investigation. If they have come to learn that the Defendant has lodged a complaint against them, and yet they are witnesses of the Plaintiff, it is expected of them to go to the DCIO Mukuyuni to find out the nature of the complaint and explain themselves. It is only then that the DCIO will make an informed decision to charge or not to charge them.
I admit each Applicant to Ksh.50,000/= bond to appear before the DCIO Mukuyuni within the next 24 hours to enable whatever investigations that may be on going and to record whatever statement that they may be legally called upon to make.
Dated, signed and delivered at Bungoma this 1st day of October, 2012.
A.O. MUCHELULE
JUDGE