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Didmus Wekesa Barassa v Inspector General of Police & 2 others [2016] KEHC 8288 (KLR)

[2016] KEHC 8288 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8288
Citation
[2016] KEHC 8288 (KLR)
Decided
13 October 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication dismissed with no costsCoramG.W.NGENYE-MACHARIA
Holding

The application is dismissed with no costs as the Applicant has not demonstrated a breach of his Constitutional rights or freedoms by the police.

Facts

The Applicant sought anticipatory bail pending arrest for a bailable offence, alleging threats of arrest for fraud charges filed by Jevons Mulongo at the instigation of the incumbent Member of Parliament. The Respondents opposed the application, stating no formal complaint had been made.

Issues

  1. Whether the Applicant's application for anticipatory bail is based on substantiated information
  2. Whether the Applicant's apprehension of arrest is founded on unsubstantiated claims

Reasoning

The court found the Applicant's application frivolous and not based on any substantiated information. The police have not arrested the Applicant for no good reason.

Outcome

Application dismissed

Orders

  • The Applicant should ensure he reports back on 13th October, 2016 for purposes of being processed to take a plea on 14th October, 2016
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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