Chan Chi Wei & 36 others v Directorate of Criminal Investigations & another [2014] KEHC 8543 (KLR)
- Court
- High Court of Kenya
- Case number
- 8543
- Citation
- [2014] KEHC 8543 (KLR)
- Decided
- 11 December 2014
The Applicants' application for bail pending trial is dismissed but with the proviso that they can file an appropriate application before this court if an adverse order is made against them by the trial court.
Facts
The Applicants were charged with offences under the Kenya Communication Authority Act and the Kenya Citizenship and Immigration Act. They were arrested after a fire incident in which a Chinese citizen died. Police found powerful communication equipment and drugs in their possession and discovered that most of the Applicants had arrived in Kenya on tourist visas that had expired.
Issues
- Whether the Applicants are entitled to bail pending trial under Article 49(1)(h) of the Constitution
- Whether there are compelling reasons to deny bail
Reasoning
The court found that the Applicants are entitled to bail pending trial, but there are compelling reasons to deny it due to the nature of the offences, the strength of the evidence, and the unique circumstances of being foreigners charged with unlawfully being present in Kenya.
Outcome
Application dismissed but with a proviso
Orders
- The Applicants' application for bail pending trial is dismissed but with the proviso that they can file an appropriate application before this court if an adverse order is made against them by the trial court.
Authorities cited
Legislation (2)
- Kenya Communication Authority Act
- Kenya Citizenship and Immigration Act
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