Oigara v Director of Public Prosecution & 2 others [2023] KEHC 18376 (KLR)

Oigara v Director of Public Prosecution & 2 others (Miscellaneous Case E211 of 2023) [2023] KEHC 18376 (KLR) (Crim) (13 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18376 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Case E211 of 2023

DR Kavedza, J

June 13, 2023

Between

Credius Nyamwange N Oigara

Applicant

and

Director of Public Prosecution

1st Respondent

Inspector General of Police

2nd Respondent

Director of Criminal Investigations

3rd Respondent

Ruling

1. The applicant Credius Nyamwange N Oigara has filed a notice of motion application under articles 10, 19, 20, 23, 27, 28, 29, 31, 40, 47, 48, 49, 50, 60(1), 84, 157, 159, 165, 258 and 259 of the Constitution. The application is filed under certificate of urgency supported by an affidavit dated June 7, 2023, sworn by the applicant. The applicant has sought a conservatory order restraining the respondents, their servants, agents, officers or employees from arresting the applicant herein.

2. Although the applicant has listed various articles of the Constitution, none of them specifically refer to anticipatory orders.

3. I do note that anticipatory bail is not specifically provided for under the Constitution. However, the Constitution mandates the government to protect and respect the rights of all Kenyans, this includes the right to liberty.

4. Having gone through the affidavit of the applicant and the annexures, I am satisfied that the application is merited and issue the following orders:a.That the application is certified as urgent.b.That the applicant is admitted to anticipatory bail of Kshs 100,000/=.c.That the respondents, either by themselves, their servants and or agents are prohibited from arresting or detaining the applicant pending hearing of this application.d.That the applicant’s advocates are directed to escort the applicant to the offices of the 3rd Respondent for questioning and or interview on June 16, 2023. e.That the applicant shall cooperate with the investigators during the period of investigations.f.That should a decision to charge the applicant be made, the applicant and his advocates shall be informed to report to the relevant police station for processing.g.That the applicant shall be informed in advance the court he is to appear for plea.h.That the orders of this court shall lapse if a decision to charge the applicant is made.i.That this order and the application to be served upon the respondents within 3 days.j.That upon service, the respondents shall have ten (10) days to file their responses.k.That this matter shall be mentioned on July 4, 2023, for directions.

RULING DELIVERED VIRTUALLY ON 13TH DAY OF JUNE, 2023. ..........................................D. KAVEDZAJUDGE