Mule v Commissioner of Police & 2 others [2022] KEHC 11195 (KLR)

Mule v Commissioner of Police & 2 others (Miscellaneous Criminal Application E033 of 2021) [2022] KEHC 11195 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 11195 (KLR)

Republic of Kenya

In the High Court at Makueni

Miscellaneous Criminal Application E033 of 2021

GMA Dulu, J

June 16, 2022

Between

Peter Muthungu Mule

Applicant

and

Commissioner of Police

1st Respondent

Director Of C.I.D

2nd Respondent

Attorney General

3rd Respondent

Ruling

1. Before me is an Originating Notice of Motion dated June 30, 2021and filed on same date by Peter Muthungu Mule through counsel M/s J.T Nzioki & Company advocate.

2. The application was filed under article 22(1), 23(1)& (3), 29(a) 165(a) and (b) of the Constitution of Kenya 2010 and has the following prayers, one of which have been spent:-i.Spentii.That the applicant be granted anticipatory bail pending arrest and/or arraignment in court.iii.That the court do make a declaration that theapplicant’s fundamental rights under article 29(a) of Constitution have or are about to be infringed by the 1st and 2nd respondents.iv.That the court do appoint a date when the applicant will avail himself at any police station or the criminal investigation department for purposes of helping the police with investigations if any without taking the applicant into custody.v.Any other appropriate relief the court might deem fit to grant in the circumstances.

3. The application was filed with a supporting affidavit sworn by the applicant on June 30, 2021 in which it was deponed that the intended action by the police against him arose from a long standing family dispute, and was mere attempt to harass the Applicant to marry the Complainant.

4. The application was been opposed through a replying affidavit sworn by CPL. Ateka John on November 18, 2021 in which it was deponed that the Applicant was sought by the police and the Director of Public Prosecutions on suspicion of him and another, having committed manslaughter on the night of 25th - 26th December , 2020 at Kyaani Market Mbooni East Sub-County in Makueni County.

5. It is of note that from January 16, 2022 when Ms. Kemunto appeared to the applicant and the court directed the filing of written submissions, the applicant neither filed written submissions, nor did counsel appear in court, even though the matter was mentioned on 7/2/2022 and 24/3/2022 and judgment date fixed.

6. The application having been brought under certificate of urgency, and considering all the documents filed in the matter, I dismiss the application as it is not merited.

DELIVERED, SIGNED & DATED THIS 16TH DAY OF JUNE 2022, IN OPEN COURT AT MAKUENI..............................................GEORGE DULUJUDGE