Khan v Director of Criminal Investigations & 2 others [2024] KEHC 7626 (KLR)

Khan v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E082 of 2024) [2024] KEHC 7626 (KLR) (25 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7626 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Criminal Application E082 of 2024

PN Gichohi, J

June 25, 2024

IN THE MATTER OF APPLICATION FOR ANTICIPATORY BAIL UNDER ARTICLE 22,25,28,47 (2) 40(1) 165(3) AND 244C OF THE CONSTITUTIONAL OF KENYA AND SECTION 123 OF THE CRIMINAL PROCEDURE CODE

Between

Aarifa Begum Khan

Applicant

and

Director Of Criminal Investigations

1st Respondent

Inspector General Of Police

2nd Respondent

Director Of Public Prosecution

3rd Respondent

Ruling

1. The Notice of Motion dated 5/6/2024 and Affidavit in Support is considered.

2. There is no objection by the Director of Public Prosecution as intimated by Mr Kihara, the learned Prosecution counsel of the 3rd Respondent.

3. There is no responses by the 1st and 2nd Respondents in this case.

4. It is indicated that the Applicant has already recorded statements with the Respondents and is on free bond.

5. In the circumstances, this Court makes the following orders:-1. He is now ordered to deposit a cash bail of Ksh.100,000/=2. He is directed to attend to the offices of the Respondents as and when required for purposes of investigations in this matter.3. He should attend court for purposes of taking plea once investigations are completed and the Director of Public Prosecution desirous of charging him with any offence.4. This file is now closed.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 25THDAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kibita for ApplicantMr. Kihara for 3rd RespondentRuto, Court Assistant