REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLANEOUS CRIMINAL APPLICATION NO. E119 OF 2024
IN THE MATTER OF AN APPLICATION FOR ANTICIPATORY BAIL PENDING ARREST AND/OR CHARGE
AND
IN THE MATTER OF ARTICLES 10, 21(1), 22(1), 23, 28, 29, 47(2), 49(1), 159(2) AND 244(C) OF THE CONSTITUTION OF KENYA, SECTION 123 OF THE CRIMINAL PROCEDURE CODE, GENERAL PRINCIPLES OF JUSTICE AND NATURAL LAW
BETWEEN
ARAFAT ATHMAN………………………………………………….APPLICANT
VERSUS
DIRECTOR OF CRIMINAL INVESTIGATIONS………………1ST RESPONDENT
INSPECTOR GENERAL OF POLICE…………………………..2ND RESPONDENT
O.C.S CENTRAL POLICE STATION (MOMBASA)…………..3RD RESPONDENT
OFFICE OF DIRECTOR PUBLIC PROSECUTIONS…………..4TH RESPONDENT
R U L I N G
1. The applicant filed a Notice of Motion application dated 10/6/2024 under Certificate of Urgency for anticipatory bail pending hearing and determination of the application and or charge and for an order to restrain the Respondents, the OCS Central Police Station and all officers subordinate to him from arbitrarily summoning, arresting, incarcerating and or infringing with the applicant’s freedom of movement in relation to his interactions with the DCI, IG of Police, OCS Central Police Station (Mombasa) and ODPP.
2. The application is expressed to be brought under Articles 10, 21(1), 22(1), 23, 28, 29, 47(2), 49(1), 159(2) and 244(C) of the Constitution Of Kenya, Section 123 of the Criminal Procedure Code, and other enabling provisions of the law.
3. The grounds in support of the application are expounded in the supporting affidavit of the applicant sworn on 10th June, 2024. He claims that the 1st and 3rd respondents have on diverse occasions summoned and compelled him to attend the Directorate for unspecified reasons as they have never specified with clarity to him the reasons for their requiring his attendance. He has thus been subjected to psychological anguish and torture, causing him unwarranted anxiety. He deposes that the actions of the 1st and 3rd respondents are malevolent and unjustified and a threat to his rights and fundamental freedoms. He deposes that whereas he fears for his life, he is willing to cooperate with the respondents if need be.
4. He has annexed to the supporting affidavit a notice dated 5/2/2024 to compel attendance under section 52(1) of the National Police Service Act from the Directorate of Criminal Investigations. It is indicated to be about investigations being conducted by the Anti-Terrorism Police Unit Mombasa into alleged crimes under the Prevention of Terrorism Act to which the applicant is said to be connected.
5. The Attorney General filed a notice of appointment of advocates dated 25/6/2024 for the 1st, 2nd and 3rd respondents while the 4th respondent was represented by the learned prosecution counsel Mr. Ngiri who was always present in court.
6. Anticipatory bail was granted pending hearing and determination of the application.
7. Ever since that time the applicant has failed to prosecute the application despite the court granting him time and extension to do so.
8. It is apparent that the urgency of the application has dissipated and the applicant is no longer desirous of pursuing the application. Consequently, the order of anticipatory bail granted is hereby vacated and the application dismissed.
9. Orders accordingly.
Ruling dated, signed and delivered in Open Court and on the Virtual Platform, Teams this 17th day of July 2024
HON. JUSTICE ANDAYI W. F.
JUDGE
In the presence of: -
Etropia - Court Assistant
Mr. Ngiri for the Respondent
N/A by the applicant in person or by counsel.
HON. JUSTICE ANDAYI W. F.
JUDGE
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISCELLANEOUS CRIMINAL APPLICATION NO. E119 OF 2024
IN THE MATTER OF AN APPLICATION FOR ANTICIPATORY BAIL PENDING ARREST AND/OR CHARGE
AND
IN THE MATTER OF ARTICLES 10, 21(1), 22(1), 23, 28, 29, 47(2), 49(1), 159(2) AND 244(C) OF THE CONSTITUTION OF KENYA, SECTION 123 OF THE CRIMINAL PROCEDURE CODE, GENERAL PRINCIPLES OF JUSTICE AND NATURAL LAW
BETWEEN
ARAFAT ATHMAN………………………………………………….APPLICANT
VERSUS
DIRECTOR OF CRIMINAL INVESTIGATIONS………………1ST RESPONDENT
INSPECTOR GENERAL OF POLICE…………………………..2ND RESPONDENT
O.C.S CENTRAL POLICE STATION (MOMBASA)…………..3RD RESPONDENT
OFFICE OF DIRECTOR PUBLIC PROSECUTIONS…………..4TH RESPONDENT
R U L I N G
1. The applicant filed a Notice of Motion application dated 10/6/2024 under Certificate of Urgency for anticipatory bail pending hearing and determination of the application and or charge and for an order to restrain the Respondents, the OCS Central Police Station and all officers subordinate to him from arbitrarily summoning, arresting, incarcerating and or infringing with the applicant’s freedom of movement in relation to his interactions with the DCI, IG of Police, OCS Central Police Station (Mombasa) and ODPP.
2. The application is expressed to be brought under Articles 10, 21(1), 22(1), 23, 28, 29, 47(2), 49(1), 159(2) and 244(C) of the Constitution Of Kenya, Section 123 of the Criminal Procedure Code, and other enabling provisions of the law.
3. The grounds in support of the application are expounded in the supporting affidavit of the applicant sworn on 10th June, 2024. He claims that the 1st and 3rd respondents have on diverse occasions summoned and compelled him to attend the Directorate for unspecified reasons as they have never specified with clarity to him the reasons for their requiring his attendance. He has thus been subjected to psychological anguish and torture, causing him unwarranted anxiety. He deposes that the actions of the 1st and 3rd respondents are malevolent and unjustified and a threat to his rights and fundamental freedoms. He deposes that whereas he fears for his life, he is willing to cooperate with the respondents if need be.
4. He has annexed to the supporting affidavit a notice dated 5/2/2024 to compel attendance under section 52(1) of the National Police Service Act from the Directorate of Criminal Investigations. It is indicated to be about investigations being conducted by the Anti-Terrorism Police Unit Mombasa into alleged crimes under the Prevention of Terrorism Act to which the applicant is said to be connected.
5. The Attorney General filed a notice of appointment of advocates dated 25/6/2024 for the 1st, 2nd and 3rd respondents while the 4th respondent was represented by the learned prosecution counsel Mr. Ngiri who was always present in court.
6. Anticipatory bail was granted pending hearing and determination of the application.
7. Ever since that time the applicant has failed to prosecute the application despite the court granting him time and extension to do so.
8. It is apparent that the urgency of the application has dissipated and the applicant is no longer desirous of pursuing the application. Consequently, the order of anticipatory bail granted is hereby vacated and the application dismissed.
9. Orders accordingly.
Ruling dated, signed and delivered in Open Court and on the Virtual Platform, Teams this 17th day of July 2024
HON. JUSTICE ANDAYI W. F.
JUDGE
In the presence of: -
Etropia - Court Assistant
Mr. Ngiri for the Respondent
N/A by the applicant in person or by counsel.
HON. JUSTICE ANDAYI W. F.
JUDGE