Case ID:226137

Oluoch & 2 others v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E279 of 2023) [2023] KEHC 20790 (KLR) (25 July 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E279 of 2023

Parties:

Oluoch & 2 others v Director of Public Prosecutions & 2 others

Date Delivered:

25 Jul 2023

Case Class:

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Diana Rachel Kavedza

Citation:

Oluoch & 2 others v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E279 of 2023) [2023] KEHC 20790 (KLR) (25 July 2023) (Ruling)

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Oluoch & 2 others v Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E279 of 2023) [2023] KEHC 20790 (KLR) (25 July 2023) (Ruling)

Neutral citation:

[2023] KEHC 20790 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Miscellaneous Criminal Application E279 of 2023

DR Kavedza, J

July 25, 2023

Between

Hon Anthony Oluoch

1

st

Applicant

Hon. Peter Imwatok

2

nd

Applicant

Hon Peter Owera Oluoch

3

rd

Applicant

and

The Director Of Public Prosecutions

1

st

Respondent

The Inspector General Of Police

2

nd

Respondent

The Attorney General

3

rd

Respondent

Ruling

1.

I have considered the Notice of Motion application dated July 21, 2023 filed under certificate of urgency and the supporting affidavits of the applicants; Anthony Oluoch, Peter Imwatok and Peter Oluoch, dated July 19, 2023 in which they seek orders of habeas corpus and anticipatory bail, and order as follows:

a.

That the application is certified urgent.

b.

That the applicants are admitted to anticipatory bail in the sum of Kenya Shillings One Hundred Thousand (Kshs 100,000) to be deposited in court.

c.

That for the avoidance of doubt, the 1

st

and 2

nd

respondents are at liberty to investigate or charge the applicants for any Criminal Conduct. However, they shall not arrest them (unless the applicants fail to honour their summons) and they shall not detain them in view of order (b) above or until further orders of the court.

d.

That for further avoidance of doubt, and upon such investigations the DPP (1

st

respondent) is at liberty to present any charge against the applicants in any court; and such trial court will be at liberty to set any new terms of bail or determine whether or not to grant bail.

e.

That the application and the order of this court shall be served upon the respondents within 7 days from the date hereof and the respondents shall upon service file their responses within 10 days.

f.

That this matter be mentioned on September 26, 2023 for directions.

RULING DATED AND DELIVERED IN ABSENCE OF PARTIES ON THIS 25

TH

DAY OF JULY 2023.

________________

D. KAVEDZA

JUDGE