Gachiri v Director of Public Prosecutions & 2 others [2024] KEHC 15754 (KLR)

Gachiri v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E202 of 2024) [2024] KEHC 15754 (KLR) (16 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15754 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E202 of 2024

DR Kavedza, J

December 16, 2024

Between

Peter Gikonyo Gachiri

Applicant

and

Director of Public Prosecutions

1st Respondent

Inspector General of Police

2nd Respondent

Directorate of Criminal Investigations

3rd Respondent

Ruling

1. The applicant filed the present application dated 10th December 2024 seeking orders of anticipatory bail. The application is premised on the grounds on the face of the application and the affidavit sworn by the applicant.

2. The averments in paragraph 4 and 5 are that the applicant is at risk of being arrested by the Anti-Terror Police Unit (ATPU) over a dispute involving stocks of a company called Viva Global Limited. That the investigations against him are being conducted by an ATPU officer one Everline Chogo.

3. From the reading of the applicant’s affidavit, the police station conducting investigations against the applicant is ATPU Nairobi. The court vested with jurisdiction to handle Terrorism and related cases is Kahawa Law Courts which falls under the supervisory jurisdiction of Kiambu High Court. Consequently, I decline to grant the orders sought for lack of territorial jurisdiction.

4. The application is consequently struck out.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 16THDECEMBER 2024. ________________D. KAVEDZAJUDGE