Kimurgo & another v Director of Public Prosecution & 2 others [2023] KEHC 24956 (KLR)

Kimurgo & another v Director of Public Prosecution & 2 others (Miscellaneous Criminal Application E008 of 2023) [2023] KEHC 24956 (KLR) (8 November 2023) (Ruling)

Neutral citation: [2023] KEHC 24956 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E008 of 2023

DR Kavedza, J

November 8, 2023

Between

Simon Turere Kimurgo

1st Applicant

Stephen Rikana Turere

2nd Applicant

and

Director of Public Prosecution

1st Respondent

Director of Criminal Investigations

2nd Respondent

Inspector General of Police

3rd Respondent

Ruling

1. The applicants, Simon Turere Kimurgo and Stephen Rikana Turere, have through a Notice of Motion application dated October 27, 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge. The applicants further seek orders restraining the respondents their servants, agents, junior officers and/or anyone else deriving authority from the respondents from arresting, detaining or howsoever depriving them their freedom.

2. Secondly, the applicants have sought conservatory orders to restrain the respondents their servants, agents, junior officers and/or anyone else deriving authority from the respondents from arresting, harassing or otherwise howsoever interfering with them.

3. The motion which is brought under articles 10, 19, 20, 23, 27, 28, 29, 31, 40, 47, 48, 49, 50 and 165 (3)(b) of the Constitution is supported by the affidavit of the applicants of even date. The applicants aver that they were summoned to appear before SGT Joseph Mulwa on October 27, 2023 at 0830Hrs at DCI Headquarters, Kiambu Road. They further aver that by the said letter, they are allegedly connected with two offences, to wit: conspiracy to defraud contrary to section 319 of the Penal Code; and, money laundering contrary to section 3(b) & 4(c) of the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009. They are apprehensive that the respondents are out to harass, intimidate and arrest them without any justifiable cause.

4. Having considered the application, the supporting affidavit of the applicant and the annexure thereto, I hereby order as follows:a.The application is certified urgent.b.The applicants are each admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs. 100,000) to be deposited in court.c.For the avoidance of doubt, the respondents are at liberty to investigate or charge the applicant for any Criminal Conduct. However, they shall not arrest them and they shall not detain them in view of order (b) above or until further orders of the court.d.The applicants’ advocates are further directed to escort the applicants to the offices of the 2nd respondent for questioning and or interview on November 13, 2023. e.Upon such investigations, the DPP (1st respondent) is at liberty to present any charge against the applicants in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.f.It is so ordered. File closed.

RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 8TH DAY OF NOVEMBER 2023. ________________D. KAVEDZAJUDGE