Njenga & another v Director of Criminal Investigations & 2 others [2023] KEHC 25251 (KLR)

Njenga & another v Director of Criminal Investigations & 2 others (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 25251 (KLR) (14 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25251 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E010 of 2023

DR Kavedza, J

November 14, 2023

Between

Martin Munene Njenga

1st Applicant

Efficient Dynamics & Supplies Limited

2nd Applicant

and

Director of Criminal Investigations

1st Respondent

Inspector General of Police

2nd Respondent

Director of Public Prosecution

3rd Respondent

Ruling

1. The 1st Applicant, Martin Munene Njenga, being the Director of the 2nd Applicant has through a Notice of Motion application dated 10th November 2023 filed under certificate of urgency sought to be admitted to anticipatory bail pending arrest or charge.

2. Secondly, the 1st applicant seeks further orders restraining the respondents whether acting by themselves, their agents, representatives and/or all other officers subordinate to them from summoning, arresting, holding, detaining, incarcerating, and/or in any other way interfering with his liberty without following due process of the law in connection to occupation and running of the business of the car yard/ bazaar on land reference Number LR Number 3734/843 situated off James Gichuru Road, Nairobi County, pending determination of the application.

3. The motion which is brought under Articles 23, 24, 29, 49, 159 and 165 of the Constitution and section 123 of the Criminal Procedure Code is supported by the affidavit of the 1st applicant of even date. The 1st applicant avers that on 28/10/2022, being the director of the 2nd applicant, he entered into a lease agreement with Gret Café Limited (the ‘Landlord’) for the said property known as LR Number 3734/843 for a period of 5 years and 3 months. He further avers that the landlord breached the terms of the agreement following which he moved to court and instituted proceedings against the landlord in Milimani ELC Case No. 006 of 2023 wherein injunctive orders were also issued against the landlord. Lastly, he avers that the police have ignored the injunctive orders and he is apprehensive that they are being used by the landlord to frustrate him and settle old scores emanating from his occupation of the suit land.

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 1st applicant is 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 1st applicant for any Criminal Conduct. However, they shall not arrest him and they shall not detain him in view of order (b) above or until further orders of the court.d.The applicants’ advocates are further directed to escort the 1st applicant to the offices of the 1st respondent for questioning and or interview on 17th November, 2023. e.Upon such investigations, the DPP (3rd 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 14TH DAY OF NOVEMBER 2023. ________________D. KAVEDZAJUDGE