Alala & 3 others v Ethics and Anti-Corruption Commission (EACC) & 3 others (Miscellaneous Criminal Application E012, E013, E014 & E015 of 2026 (Consolidated)) [2026] KEHC 4488 (KLR) (23 January 2026) (Ruling) Neutral citation: [2026] KEHC 4488 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA MISCELLANEOUS CRIMINAL APPLICATION E012, E013, E014 & E015 OF 2026 (CONSOLIDATED) S MBUNGI, J JANUARY 23, 2026 IN THE MATTER OF ARTICLES 2, 19, 20, 22, 23, 25, 27, 29, 47, 48, 29, 50, 258, 259 AND 260 OF THE CONSITUTION OF KENYA AND IN THE MATTER OF THE LIBERTY, FREEDOM AND SECURITY OF PERSONS BETWEEN PROFESSOR OBDIEK BENEDICT ALALA ................................... 1ST APPLICANT ISSA WABUYABO KWEYU ............................................................. 2ND APPLICANT SOLOMON IGOSANGWA SHIBAIRO ........................................... 3RD APPLICANT ANDREW WEKESA ......................................................................... 4TH APPLICANT AND ETHICS AND ANTI-CORRUPTION COMMISSION (EACC) .... 1ST RESPONDENT THE DIRECTOR OF CRIMINAL INVESTIGATIONS (DCI) 2ND RESPONDENT THE INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE ......................................................................................... 3RD RESPONDENT THE DIRECTOR OF PUBLIC PROSECUTION ...................... 4TH RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4488/eng@2026-01-23 1
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RULING 1. I have heard the counsels. By consent of the counsels, the Applicant is admitted to anticipatory bail/ bond. The Counsels differ on the terms of bond/bail to be imposed, I have carefully considered the rivalry arguments. 2. At this stage there is no charge before the court, therefore the court can impose terms on the strength of the nature of the charge likely to be preferred, In any case the investigation being carried may lead to no charge being preferred against the Applicant. 3. At this point, the court concern is to protect the applicant (suspect) right to liberty and the same time afford the investigative urgencies, condusive environment to discharge their mandate as provided for by the Constitution and other statutes. 4. A person does not loose his right to liberty and dignity simply because he/she is under investigations of whichever manner. 5. To me an arrest should always be effected upon crystallization of investigations to a finding of the need to charge the person being investigated with a criminal charge or the suspect is found in the act. And if there is no other less intrusive way to make the person to be charged appear before the investigating officer or before the court i.e issuance of summons or notices to appear. 6. Therefore taking all these into account, and the fact that the Applicant is not at flight risk from the submissions of the counsels. I do admit the Applicant to Anticipatory bond of Kshs. 300,000/= plus one surety of like amount or Anticipatory bail of Kshs. 100,000/= plus one contact person who shall deposit Identity Card copy in court. 7. The Applicant shall dutifully obey all summons or notices to appear before the investigating officer or a court of law as may be required by the Respondents from time to time. 8. The Applicant should not interfere with the investigations in any manner. 9. The Applicant should not leave the jurisdiction of this Court without the courts leave. 10. Any party is at liberty to move the court if need be at any time. 11. The Proceedings and the order in this file to Apply to E013/26, E014/26 and E015/26. 12. Mention on 18th May, 2026 for further directions and ascertain the progress of the investigations. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 23RD DAY OF JANUARY, 2026. S.N MBUNGI JUDGE In the presence of:CA: Ang’onga. Mr. Okinywa for the Applicant present. Mr. Nyaberi for the Applicant present. Ms. Chala for the 1st, 2nd, 3rd and 4th respondents present online. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4488/eng@2026-01-23 2
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