Stanley Kipchirchir Kosgey v Republic [2013] KEHC 804 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT ELDORET

MISC. CR. APPLICATION NO. 98 OF 2013

STANLEY  KIPCHIRCHIR  KOSGEY   …..............................          APPLICANT

=VERSUS=

REPUBLIC  …......................................................................                    RESPONDENT

RULING

[Application for anticipatory bail, principles to be applied; Applicant admitting to bribery; Applicant escaping a lawful arrest; no violation of his Constitutional rights, application dismissed]

The Applicant  has filed an application seeking anticipatory bail.  He has deponed in his affidavit that the police at Nandi have been harassing him on allegations that he may have been involved in committing the offence of Robbery with Violence.  He has stated that he was arrested on 17/02/2013, and asked for a bribe to be released.  He was  released the next day  without any charges being preferred  after his father  assisted with Kshs. 15,000/=.  He has stated he has been threatened by the police.  He  has deponed that on 11/10/2013, the police officers  at Nandi  moved to arrest him but he escaped.

It is now settled that a person will only be granted  anticipatory bail if he can demonstrate that his Constitutional rights have been  or may be  infringed.  See W. Njuguna  =vrs=  Republic (2004) KLR 520.  In this case, the Applicant states that he was arrested and released the following day without being charged.  However,  he admits that Ksh 15,000/= exchanged  hands.  In other words, he is  admitting to bribery.  If this is true, then he was released after bribing a  police officer.  I  do not think I  have much sympathy to one who opts to bribe  rather than  face the law.  If the Applicant  had a problem with being  placed  in custody on 17/02/2013, as alleged, he had a venue to seek redress or compensation.  I  can also see that he admits having escaped arrest on 11/10/2013.  It is not proper for anyone to escape or attempt to avoid a lawful arrest.

I have  not seen any violation of the Constitutional Rights of the Applicant.  In  fact,  he has a duty to attend at the police  station to assist the police in investigating  the offences which  I can see relate to the robbery of motor-cycles in Nandi Hills area.

The upshot of this is that this application is dismissed.

S. MUNYAO

JUDGE.

Ruling delivered on 28th October, 2013. Read in the presence of Mr. Arap Miteiholding brief  for Mr. Lel for the Applicant.

S. MUNYAO

JUDGE.