Abaroba Godana Wako v Office of The Director of Public Prosecutions 1st Respondent Office of The Director of Criminal Investigations & 2 others

Wako v Office of the Director of Public Prosecutions & 2 others (Miscellaneous Criminal Application E056 of 2025) [2025] KEHC 19449 (KLR) (1 August 2025) (Ruling) Neutral citation: [2025] KEHC 19449 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION E056 OF 2025 EN MAINA, J AUGUST 1, 2025 BETWEEN ABAROBA GODANA WAKO ................................................................. APPLICANT AND OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS 1ST RESPONDENT OFFICE OF THE DIRECTOR OF CRIMINAL INVESTIGATIONS .... 2ND RESPONDENT OFFICE OF THE INSPECTOR GENERAL OF POLICE .......... 3RD RESPONDENT RULING 1. I have heard and considered the application. Anticipatory bail/bond is granted by Courts under their inherent jurisdiction. It is a discretion which is exercised in order to protect the rights and freedoms whenever there is a violation or a threat of violation of those rights. It is a discretion which must be exercised cautiously so as not to overstep the mandate of other public bodies more so the investigative bodies. 2. Having stated the above, I have considered this application carefully. I have also taken time to listen keenly to counsel and what I deduce is that the rights of the Applicant have neither been violated and neither is there a real threat of such violation. He is merely apprehensive that they may at some future date be threatened as a report of a criminal nature is likely to be made somewhere. 3. The court cannot grant anticipatory bail to be put in the pocket to be ffiashed out when the time comes. 4. There must be a real threat of violation or violation for the court to act. Moreover, the Applicant has himself made a report to the police and likewise the person complaining against him is at liberty to do the same. It does not mean that because a report of a criminal nature has been made at a police station that will result in violation of the rights of the person against whom it is made. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19449/eng@2025-08-01 1

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