Munuhe v Inspector General of Police & another [2025] KEHC 564 (KLR)

Munuhe v Inspector General of Police & another (Miscellaneous Criminal Application E014 of 2025) [2025] KEHC 564 (KLR) (29 January 2025) (Ruling)

Neutral citation: [2025] KEHC 564 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E014 of 2025

DR Kavedza, J

January 29, 2025

Between

Ann Wambui Munuhe

Applicant

and

Inspector General of Police

1st Respondent

Director Criminal Investigations Karatina

2nd Respondent

Ruling

1. The applicant filed the notice of motion dated 28th January 2025 under certificate of urgency. The applicants are seeking orders of anticipatory bail. The application is supported by an affidavit of similar date sworn by the applicant.

2. The averments made in support of the application are that the applicant had secured a loan from Cooperative Bank Nairobi to purchase motor vehicle KDL 1345. Due to financial difficulties, she sought assistance from Alex Ngara Murimi, who lent her Kshs. 1,227,000 to help settle the bank loan. She has since repaid Kshs. 238,000. The transaction was a legitimate civil agreement, conducted in good faith, without fraudulent intent or misrepresentation.

3. The Applicant is concerned that the Respondents intend to unlawfully arrest and detain her based on a false complaint by Alex Ngara Murimi at Karatina Police Station. The complaint alleges that she fraudulently obtained money, which is untrue. The allegations are malicious and aimed at tarnishing her reputation while exposing her to arbitrary arrest and detention. She asserts that such actions are a violation of her constitutional rights, including freedom from arbitrary arrest and the right to dignity under Articles 29 and 49 of the Constitution of Kenya. The Applicant maintains that she is willing cooperate with any investigations to protect her fundamental rights and prevent an abuse of legal process.

4. I have considered the application, the supporting affidavit, and the applicable law. It is noteworthy that the investigations in this matter are being undertaken by the DCI Karatina. The court vested with supervisory jurisdiction over this subject matter is Nyeri High Court. Consequently, I decline to grant the orders of anticipatory bail sought for lack of territorial jurisdiction.

5. The application dated 28th January 2025, is consequently struck out.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 29THJANUARY 2025____________D. KAVEDZAJUDGE