Kimathi v Inspector General of Police & 4 others (Miscellaneous Criminal Application E041 of 2025) [2025] KEHC 19539 (KLR) (19 June 2025) (Ruling) Neutral citation: [2025] KEHC 19539 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS MISCELLANEOUS CRIMINAL APPLICATION E041 OF 2025 EN MAINA, J JUNE 19, 2025 IN THE MATTER OF AN APPLICATION FOR ENFORCEMENT OF BILL OF RIGHTS AND FUNDAMENTAL RIGHTS UNDER CHAPTER FOUR ARTICLES 19, 20,21,22 AND 29 OF THE CONSTITUTION OF KENYA 2010 AND 2. IN THE MATTER OF AN APPLICATION BY JIMMY KINYUA KIMATHI FOR AN ORDER OF ANTICIPATORY BAIL OR BAIL PENDING ARREST AND/OR CHARGE AND 3. IN THE MATTER OF THE CONSTITUTION OF KENYA, SECTION 123, 124 OF THE CRIMINAL PROCEDURE CODE CAP 75 AND GENERAL PRINCIPLES OF NATURAL JUSTICE AND THE RULE OF LAW BETWEEN JIMMY KINYUA KIMATHI ................................................................... APPLICANT AND INSPECTOR GENERAL OF POLICE ......................................... 1ST RESPONDENT OCS MLOLONGO POLICE STATION ...................................... 2ND RESPONDENT DIRECTOR OF PUBLIC PROSECUTIONS .............................. 3RD RESPONDENT OCS CENTRAL POLICE STATION ........................................... 4TH RESPONDENT OCS RUIRU POLICE STATION ................................................. 5TH RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19539/eng@2025-06-19 1
page 1 of 2
RULING 1. I have heard and considered this application for anticipatory bond. The Applicant has been summoned to Mlolongo Police Station and is willing to attend on his own volition. His only fear is that he shall be locked up over the weekend. Anticipatory bail is granted where there is a real violation or threat to the rights of the Applicant. In this case nothing has been placed before the court to demonstrate that the rights of the accused person have either been violated or threatened. The Applicant should simply heed the summons and attend Mlolongo Police Station. There exists a right to be granted a cash bail at the station and he shall also have a right to be produced before a court of law within 24 hours and should that not be done, then he has redress under the Constitution. In my view this application therefore is not merited and it is dismissed. RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 19TH DAY OF JUNE, 2025. E. N. MAINA JUDGE In the presence of: Mr. Thuo - for the Applicant Ms Kaburu - for the State/Respondent Geoffrey - Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19539/eng@2025-06-19 2
page 2 of 2