Mwangi v Inspector General of Police & 2 others; Kimbui (Interested Party) [2023] KEHC 17727 (KLR)

Mwangi v Inspector General of Police & 2 others; Kimbui (Interested Party) (Miscellaneous Case E167 of 2023) [2023] KEHC 17727 (KLR) (Crim) (19 May 2023) (Ruling)

Neutral citation: [2023] KEHC 17727 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Case E167 of 2023

DR Kavedza, J

May 19, 2023

Between

Paul Theuri Mwangi

Applicant

and

Inspector General of Police

1st Respondent

Director of Criminal Investigations

2nd Respondent

Director of Public Prosecution

3rd Respondent

and

Robert Kimbui

Interested Party

Ruling

1. The applicant Paul Theuri Mwangi has filed a notice of Motion dated May 17, 2023 Under Certificate of Urgency supported by the affidavit of Waham Sale Oningo advocate. The applicant has sought anticipatory bail pending charge/arrest. I have gone through the exparte application and issue the following orders:-a.That this matter is certified as urgent.b.That the applicant is admitted to anticipatory bail of Ksh.100,000/- (Personal bond) pending hearing of the application.c.That the applicant to be escorted to the respondents’ offices, in particular the 4th respondent on May 22, 2023 for questioning.d.That should a decision to charge the respondent be made, the respondent shall be informed of the police station to report to for processing and the respondent shall inform the applicant when to appear in court for plea.e.That should a decision to charge the applicant be made, the orders of this court shall automatically lapse.f.That the order be served upon the respondents within 3 days.g.That upon service the respondents shall file their response within 7 days.h.That this matter be mentioned on June 21, 2023 for directions.

RULING, READ AND DELIVERED ON 19TH DAY OF MAY, 2023D. KAVEDZAJUDGE