DAVID TANUI LELEI & STANDLEY TANUI LELEI V ATTORNEY GENERAL, KIPKELION OFFICER COMMANDING STATION & KIPKELION OFFICER IN CHARGE OF CRIME [2008] KEHC 232 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CR. MISC. APP. 9 OF 2008

DAVID TANUI LELEI ……….............………………………… 1ST APPLICANT

STANDLEY TANUI LELEI ………............…………………….2ND APPLICANT

VERSUS

THE HON. ATTORNEY GENERAL ……..…..........………. 1ST RESPONDENT

THE KIPKELION OFFICER COMMANDING STATION . 2ND RESPONDENT

THE KIPKELION OFFICER IN CHARGE OF CRIME  ....3RD RESPONDENT

RULING

ANTICIPATORY BAIL

I: Background

1.   Applicant 1 and 2 are brothers.  They come from a large family having three houses.  Their father Lelei Mutai is now aged 78 years old.  According to the applicant 1 and 2, he is incapacitated due to his old age.

2.   The 1st house, consisting of one Esther Chelangat Mutai is alleged to have quarreled or fallen out of favor with the husband.  She left her matrimonial home but due  circumstances not mentioned herein was forced to return to her husbands’ land with her children.  Likewise the 2nd house consisting of Ann Mutai, who is mother to applicant 1 and 2 quarreled and or fell out with her husband Lelei Mutai.  The third wife Rudia Mutai is now in control of a vast 300 acres.

3.   Believing that she is out to evict the applicant 1 and 2 from the land, the said applicants came to Court for anticipatory bail because they believed that the OCS Kipkelion Police station intention is to have them arrested was very eminent.

4.   They filed this application whereby they prayed that this Court grants them anticipatory bail. The two rely on the affidavit of David Tanui Lelei.  They also rely on previous proceedings between the 1st house and their father.  Their house i.e. 2nd house and their father.

Application 9th October, 2008

5.   The fears of being arrested and or evicted from the 300 acres of land is and or appears eminent for the two applicants.  I accordingly grant the application noting that this is really a family dispute.

6.   The Court grants the following orders.

i)          That this Court arrests the 1 and 2 applicants and accordingly give them bail in anticipation of arrest.

ii)         That the two applicants do avail themselves to the police when called upon whilst on bail of Kshs. 100,000/= free bond each.

iii)        That these orders be directed to the 1, 2 and 3 respondents herein.

DATED this 20th day of November, 2008 at Kericho.

M.A. ANG’AWA

JUDGE

Advocates

W.K. Ngetich instructed by M/S Wheldon Ngetich & Co. advocates for the 1st and 2nd Applicants

R.K. Koech instructed by the Attorney General for the 1st, 2nd and 3rd Respondents