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JudgmentDAVID ABBEY LARYEA VS ODPP AND DIRECTOR OF CRIMINAL INVESTIGATIONS AND 1 Others2 min read

DAVID ABBEY LARYEA VS ODPP AND DIRECTOR OF CRIMINAL INVESTIGATIONS AND 1 Others

High Court at Mombasa High Court · · Wendy Micheni


In the ruling dated 25.7.2024 this court gave the following orders:

  1. The application is allowed and applicant be released from custody forthwith on the following conditions:
  2. The Applicant be and is granted a cash bail of Kshs. 200,000/- with 1 Kenyan Contact person.
  3. The Applicant to present himself in the presence of his advocate, if needed, for investigations before the investigator at an agreed date and or schedule.
  4. The investigations or processing should be completed within the next 60 days from today.

These orders were issued pursuant to the Application dated 28.6.2024, where the Applicant sought his release after being detained in custody for 30 days.  He had earlier on been detained for some 21  days, after the Respondents obtained orders   for some investigations which came to naught.

The history of this matter is that  earlier on, the Applicant had several run ins with the law enforcers and  he even ended up being deported and being declared an undesirable immigrant .  He  has challenged that decision elsewhere and needless to say that  issue is  not before me.

Back to the issues in this file. I  note that even after my  orders of 25TH July 2024 , the Applicant remained in custody and Hon. Justice F. W. Andayi had to intervene on 28.8.2024.

In my ruling IN July, I had given a time frame (60 days) within which the Respondents were to complete their investigations.

The respondents, in a blatant disregard  of the orders, continued to detain the Applicant for  another 30 days or so .  Therefore   from the time that the  Respondents obtained the custodial orders  for 21 days in Shanzu Law courts in APRIL 2024, they detained the Applicant for 80 days with  no  , no charges ,no deportation, no investigations, no nothing.

The 60 days I had given came and went. The time should have expired end of September 2024.  Since the release, again we have no action by the respondents.

In the current application when he sought for the release of the cash bail, the game of Musical chairs began.  No, it is  the Attorney General, no, it is the Immigration, no the Investigating officer, no  the Director  Public Prosecutions, no Kilimani police station,  or is it MTWAPA TO  blame . or perhaps the court?. 

We mentioned the matter 4 times, in court and there was  no response, no headway.

I need not describe the obvious.  This is an abuse of the due process.  Like I earlier said, all the Agencies involved can carry out their mandate but within the constitutional and internationally allowed standards .

Accordingly I find that the Respondents have had more than enough time since he was first detained 24.6.2024. to investigate or carry out any other action that needed to be done.   There is no reason why his cash-bail should be retained anymore.

The application is hereby allowed and the cash-bill of Kshs. 200,000/- be refunded to the depositor.

HON. LADY JUSTICE WENDY KAGENDO

DATED, SIGNED AND DELIVERED ON THIS …13th…………..DAY OF FEBRUARY, 2025.

In the presence of

MR NGIRI FOR RESPONDENTS

MS MAUREEN COURT ASSISTANT

APPLICANT ABSENT