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JudgmentHON. MOHAMED ROBA QOTO VS Director of Criminal Investigation1 min read

HON. MOHAMED ROBA QOTO VS Director of Criminal Investigation

High Court at Machakos High Court · · Hon.Lady Justice Noel Adagi

Upon  considering the application dated 24/06/2025 together with the supporting affidavit sworn thereto by the Applicant and upon considering submissions by Mr. Danstan Omari, Counsel for the Applicant, in the absence of the Respondent who is said to have been served with the application as directed by this court on 25/06/2025 and a return of service filed dated 26/06/2025, I  am satisfied that the Applicant has demonstrated that his right to fundamental freedom in the Bill of Rights under Article 23 of the Constitution of Kenya, 2010 is threatened to be violated if he is arrested in the manner that he has described in his supporting affidavit to the application and that albeit this court cannot stop the police or the ODPP from charging the Applicant with any offence this court can grant anticipatory bail as a temporary reprieve to save him from mental anguish that he appears to be subjected to leading to his filing of this application.
Accordingly, I grant prayer 2 of the application dated 24/06/2025 to the extent that the Applicant is arrested by this court and is granted anticipatory bail pending any charges that may be brought against him relating to his position as the Speaker of Isiolo County Government on condition that the Applicant shall deposit into this court a cash bail sum of Kenya Shillings One Hundred (Kshs.100,000) by close of business today upon which he will be required to report to the OCS, Isiolo Police Station after every two weeks until a formal charge if any is presented to court within 90 days of today and upon such charge being presented to court, the Applicant will be required to attend court for plea and the cash bail deposited shall be refunded.
Pending the payment into court of the cash bail herein granted, the Applicant shall not be arrested in connection with the anticipated offence.
This file is closed
DATED this 27TH day of JUNE 2025