Christopher Kyalo Muthama v Republic [2017] KEHC 9560 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CR. APPLICATION NO 294 OF 2017

CHRISTOPHER KYALO MUTHAMA…..……..………APPLICANT

VERSUS

REPUBLIC …………………………………………..…RESPONDENT

RULING

I have considered the respective submissions by the respective counsel. In the Notice of Motion dated 28th September, 2017, the Applicant prays to be admitted to anticipatory bail pending either his arrest or being charged in a court of law.  He has sworn the affidavit in support of the application.

Under paragraph 14 of the said affidavit, the Applicant depones that he is already on police bond. This vindicates the Respondent’s submissions that the Respondent does not wish to charge the Applicant until the investigations are complete. Since the Applicant has been granted police bond, I find this application an abuse of the court process. He should await the completion of investigations and if the police decide to charge him, the law provides for mechanisms by which his fundamental right to freedom shall be safeguarded. The application is unmeritorious and I accordingly dismiss it with no orders on costs.

DATED and DELIVERED this 12thday ofOctober, 2017.

G.W. NGENYE-MACHARIA

JUDGE

In the presence of:

1. Mr. Seda for the Applicant absent

2. M/s Sigei  for the 1st and 2nd Respondent

3. Mr. Nikuli for the 3rd Respondent