Celogoi v Director of Public Prosecution & 3 others [2023] KEHC 24895 (KLR)

Celogoi v Director of Public Prosecution & 3 others (Miscellaneous Criminal Application E007 of 2023) [2023] KEHC 24895 (KLR) (7 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24895 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E007 of 2023

DR Kavedza, J

November 7, 2023

Between

Davis Nathan Celogoi

Applicant

and

Director of Public Prosecution

1st Respondent

Inspector General of Police

2nd Respondent

Directorate of Criminal Investigation

3rd Respondent

Attorney General

4th Respondent

Ruling

1. The applicant, Davis Nathan Celogoi, has through a Notice of Motion application dated 26th October, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicant further seeks orders restraining the respondents their servants, agents from arresting or pressing charges against him with regards to matters forming the subject matter in Nairobi ELC 312 of 2009.

2. The motion which is brought under Articles 20, 22, 23(1), 29, 47, 48, 49 and 50 of the Constitution and sections 123 and 123A of the Criminal Procedure Code is supported by the affidavit of the applicant of even date. The applicant avers that respondents intend to press trumped up charges of forgery and forcible entry against him with regards to subsisting suits in the ELC Court at Nairobi.

3. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The applicant is admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest him and they shall not detain him in view of order (b) above or until further orders of the court.d.The applicant’s advocates are further directed to escort the applicant to the DCI Kilimani Police Station for questioning and or interview on 10th November, 2023. e.Upon such investigations, the DPP (1st respondent) is at liberty to present any charge against the applicant in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.File closed.

RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 7TH DAY OF NOVEMBER 2023. ...........................................D. KAVEDZAJUDGE