James Otisa Keya v James Otisa Keya [2017] KEHC 6552 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

CRIMINAL MISC. APPL. NO. 5 OF 2017

JAMES OTISA KEYA……………………………………………….APPLICANT

VERSUS

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

R U L I N G

Introduction

1. The applicant James Otisa Keya filed a chamber summons seeking to be granted anticipatory bail pending arraignment in court.  The application which is dated 05. 01. 2017 and which was brought pursuant to Articles 19,20,21,22,23(1), 24(1), 25(a), (b), (c ) and 3, 28, 29, 39 and 165 of the Constitution of  Kenya 2010 and Section 123 of the Criminal Procedure Code is premised on the grounds of harassment and frustration by the area Police Patrol Base.  Harambee and collusion with Alois Echesa Buluma and Marceline Munyendo Echesa.

2. The application is further premised on grounds that the applicant is on bond and that the above named persons have vowed to use police and frame up charges against him to cause a cancellation of the said bond.

3. The applicant has also sworn an affidavit in support of the application giving more details on the grounds on the face of it.

4. The application was entitled urgent and served upon the state .When the application came up for hearing on the 1. 2.2017 the State had no objection to the applicant being granted anticipatory bail on condition that he be directed to present himself to the police-Harambee Patrol Base -and that he executes a personal bond of kshs.500,000/=.

5. The court notes that the police have neither arrested nor shown any signs of arresting the applicant who has been appearing at Harambee Police Station as ordered by the court.  For those reasons, the anticipatory bail is confirmed and the applicant should avail himself at the Harambee Police Station as and when required to do so by the police

Orders accordingly,

Ruling delivered, signed and dated in open court at Kakamega this  23rd  day of   March    2017

RUTH N. SITATI

JUDGE

In the presence of:-

………Mr. Khayumbi for Nandwa………………………….for Applicant

………Mr. Jamsumba (present)……………………………for Respondent

………Polycap……………………………………………………Court Assistant