Kamunya & 2 others v Attorney General & 4 others [2023] KEHC 20362 (KLR)

Kamunya & 2 others v Attorney General & 4 others (Miscellaneous Case E270 of 2023) [2023] KEHC 20362 (KLR) (Crim) (21 July 2023) (Ruling)

Neutral citation: [2023] KEHC 20362 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Case E270 of 2023

DR Kavedza, J

July 21, 2023

Between

Hon. Maina Njenga Kamunya

1st Applicant

Felix Lekishe

2nd Applicant

Peter Njoroge Kamunya

3rd Applicant

and

Attorney General

1st Respondent

Inspector General of Police

2nd Respondent

Directorate of Crimnal Investigations

3rd Respondent

Office of the Director of Public Proscutions

4th Respondent

National Police Service

5th Respondent

Ruling

1. I have considered the Notice of Motion application dated July 19, 2023 filed under certificate of urgency and the supporting affidavit of Isaiah Munje, advocate for the applicants sworn on the same date in which the applicants have sought orders that the respondents, their servants, agents to immediately and unconditionally present them before this court or in the alternative this court to order the respondents to immediately and unconditionally to release and set the applicants at liberty.In the interest of justice, I order as follows:a.That the application is certified urgent.b.That the applicants are admitted to a cash bail of Kshs.100,000 (Kenya Shillings One Hundred Thousand) each.c.That the respondents, their agents, servants or any person having custody of the applicants are directed to release the applicants upon payment of the cash bail.d.That the applicants shall report back to the 2nd and 3rd respondents’ offices on 24th July, 2023 at 8:00am, upon which, the 2nd and 3rd respondents shall produce the applicants in open court.e.That for avoidance of doubt, the DPP (4th respondent) is at liberty to present any charge against the applicants in any court; and as such the trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.That the respondents shall not arrest the applicants (unless the applicants fail to present themselves on 24/7/2023) and they shall not be detained in view of order (b) and (c) above, or, until further orders of the court.g.That the application and the order of this court shall be served upon the respondents within 3 days from the date hereof and the respondents shall upon service file their responses within 10 days.h.That this matter be mentioned on 26/9/2023 for directions

Ruling dated and delivered in absence of parties on this 21st day of JULY 2023.

D. KAVEDZAJUDGEPage 2 of 2