REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CRIMINAL APPLICATION NO.-----OF 2018

IN THE MATTER OF AN APPLICATION FOR ANTICIPATORY BAIL PENDING

ARREST AND/OR CHARGE

AND

IN THE MATTER OF ARTICLES 49(1), 47(2), 48, 10, 20, 21(1), 22(1), 23, 28, 29, 159(2),
AND 244(C) OF THE CONSTITUTION OF KENYA, SECTION 123 OF THE CRIMINAL
PROCEDURE CODE AND PARAGRAPH 4.29 OF THE BAIL AND BOND POLICY
GUIDELINES, 2015

BETWEEN

NYARINGA ATIENO NYAKAJULU…………………………………………. APPLICANT

-VERSUS-

DIRECTOR OF CRIMINAL INVESTIGATION....... …………………. 1ST RESPONDENT

INSPECTOR GENERAL OF POLICE……….………………………… 2ND RESPONDENT

CERTIFICATE OF URGENCY

I, OSCAR MBABU of P.O BOX No 4321-00100 Nairobi in the Republic of Kenya, an

Advocate of the High Court of Kenya do hereby certify that the application herein as of utmost
urgency for reasons:

1. THAT there is a real risk of the Applicant’s right to liberty being violated and/or
unlawfully infringed or denied by the Respondents herein.
2. THAT the Respondents have been constantly harassed, subjected to length
interrogations, arrested without being informed of the charges against them and no
charges have ever been preferred against them.
3. THAT the Applicant lives in fear of being arrested and/or abducted.
 4. THAT in the interest of justice the Honourable Court be pleased to admit the applicant to
reasonable bail terms pending the hearing of this application.
5. THAT unless the Orders sort hereby are granted the Applicant stands to suffer great
prejudice.

DATED at NAIROBI this…………………………day of………………………………2018.

FIRM C12 & COMPANY ADVOCATES

ADVOCATES FOR THE APPLICANT
DRAWN & FILLED BY:
FIRM C12 & COMPANY ADVOCATES
AUTUM COMPLEX, SUITE 112,
WOODVALE GROOVE, WESTLANDS,
P.O BOX 4321-00100,
NAIROBI.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CRIMINAL APPLICATION NO.-----OF 2018

IN THE MATTER OF AN APPLICATION FOR ANTICIPATORY BAIL PENDING

ARREST AND/OR CHARGE

AND

IN THE MATTER OF ARTICLES 49(1), 47(2), 48, 10, 20, 21(1), 22(1), 23, 28, 29, 159(2),
AND 244(C) OF THE CONSTITUTION OF KENYA, SECTION 123 OF THE CRIMINAL
PROCEDURE CODE AND PARAGRAPH 4.29 OF THE BAIL AND BOND POLICY
GUIDELINES, 2015

BETWEEN

NYARINGA ATIENO NYAKAJULU…………………………………………. APPLICANT

-VERSUS-

DIRECTOR OF CRIMINAL INVESTIGATION....... …………………. 1ST RESPONDENT

INSPECTOR GENERAL OF POLICE……….………………………… 2ND RESPONDENT

NOTICE OF MOTION
(EX-PARTE)
(Pursuant To Article 49(1), 47(2), 48, 10, 20, 21(1), 22(1), 23, 28, 29, 159(2), and 244(c) of the
Constitution of Kenya, Section 123 Of The Criminal Procedure Code and Paragraph 4.29 OF
the Bail and Bond Policy Guidelines, 2015)

TAKE NOTICE that this Honourable Court shall be moved on the …………….. day of
…………………….. 2018 at 9.00 O’clock in the forenoon or so soon thereafter for the hearing
of an application by counsel of the Applicant for Orders:-

1. THAT the Application herein be certified urgent and the same heard ex-parte in the first
instance.
 2. THAT the Honourable Court be pleased to admit the applicant to anticipatory bail
pending determination of this application inter-partes.
3. THAT the Respondents and all officers subordinate to them be restrained by an order of
injunction from arbitrarily summoning, arresting, incarcerating and/or interfering with
the Applicant’s freedom of movement, liberty and association..
4. THAT the costs of this Application be provided for.

WHICH APPLICATION is supported by the annexed affidavit of NYARINGA ATIENO

NYAKAJULU and premised on the following grounds:-

1. THAT the 1st Respondent has been arbitrarily summoning the Applicant on numerous
occasions and has severally compelled the Applicant to attend the Directorate for an
unspecified time frame.
2. THAT the 1st Respondent has never disclosed to the Applicant the reasons for his
frequent attendance to the Directorate.
3. THAT the Applicant is subjected to psychological anguish and torture, causing him
unreasonable anxiety as a result of the arbitrary summoning by the 1st Respondent.
4. THAT the continued malevolent actions by the Respondents are unjustified and a threat
to the rights and fundamental freedoms of the Applicant.
5. THAT although the Applicant fears for his life, he is willing to cooperate with the
Respondents if need be.
6. THAT unless the aforementioned orders are granted, the Applicant stands to suffer great
prejudice.

DATED at NAIROBI this ……………………. day of ……………………….. 2018.

FIRM C12 & COMPANY ADVOCATES

ADVOCATES FOR THE APPLICANT
DRAWN & FILLED BY:
FIRM C12 & COMPANY ADVOCATES
AUTUM COMPLEX, SUITE 112,
WOODVALE GROOVE, WESTLANDS,
P.O BOX 4321-00100,
NAIROBI.

TO BE SERVED UPON

1) DIRECTORATE OF CRIMINAL INVESTIGATION

DEPARTMENT AT KISUMU.
2) INSPECTOR GENERAL OF POLICE

(NB: “If any party served does not appear at the time and place above mentioned such orders
will be made and proceedings taken as the Court may think just and expedient”)
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CRIMINAL APPLICATION NO.-----OF 2018

IN THE MATTER OF AN APPLICATION FOR ANTICIPATORY BAIL PENDING

ARREST AND/OR CHARGE

AND

IN THE MATTER OF ARTICLES 49(1), 47(2), 48, 10, 20, 21(1), 22(1), 23, 28, 29, 159(2),
AND 244(C) OF THE CONSTITUTION OF KENYA, SECTION 123 OF THE CRIMINAL
PROCEDURE CODE AND PARAGRAPH 4.29 OF THE BAIL AND BOND POLICY
GUIDELINES, 2015

BETWEEN

NYARINGA ATIENO NYAKAJULU…………………………………………. APPLICANT

-VERSUS-

DIRECTOR OF CRIMINAL INVESTIGATION....... …………………. 1ST RESPONDENT

INSPECTOR GENERAL OF POLICE……….………………………… 2ND RESPONDENT

SUPPORTING AFFIDAVIT

I, NYARINGA ATIENO NYAKAJULU of P.O BOX No. 4321-00100, Nairobi in the Republic
of Kenya, do hereby make oath and state as follows:

1. THAT I am the Applicant herein fully aware of the matter in issue, thereby competent to
make and swear this affidavit.
2. THAT on several occasions I have been summoned by Kibogoyo Makwengu a
representative of the 1st Respondent as from 29th and 18th January, 16th February and 5th
March 2018, without clear information as to the reasons of my attendance.
 3. THAT on a later date I was issued with unspecified criminal summons compelling me to
attend the Directorate three times a week for an unknown time frame. Annexed and
marked “APW 1” is a true copy of the said summons.
4. THAT the frequent attendance to the Directorate inflicts on me great anxiety and
psychological anguish for the lack of clear information as to my necessary attendance.
5. THAT at all material times, I have been a law abiding citizen and have portrayed my
willingness and readiness to cooperate with the 1 st Respondent only that they fail to
inform me of any offence and criminal act that I may have committed.
6. THAT the arbitrary summoning of the 1st Respondent curtails on my freedom of
movement and likely to cause a threat to my well-being.
7. THAT failure of the Directorate informing me of any preferred allegations against me
obscures my right to fair administrative action.
8. THAT the uninformed actions by the 1 st Respondent are unjustified and malicious, thus I
fear for my life.
9. THAT I have justifiable reasons that I may be put up in cells on false and trumped up
charges that may not be true.
10. THAT subsequently I am apprehensive that the 1st and 2nd Respondents are out to harass,
intimidate and threaten me and it is my honest belief that an arrest is imminent.
11. THAT in the event am granted bail am willing to appear before the Court or the police
once am summoned.
12. THAT it is in the interest of justice that the orders sort be granted
13. THAT what is deponed hereinabove is true to the best of my knowledge save as to the
matters deponed to on information sources whereof have been disclosed and matters
deponed to on belief whereupon the grounds have been given.

SWORN at NAIROBI by the said }

NYARINGA ATIENO NYAKAJULU } …………….………..

} DEPONENT

This day of 2016 }

}
BEFORE ME }

COMMISSIONER FOR OATHS }

DRAWN & FILLED BY:

FIRM C12 & COMPANY ADVOCATES
AUTUM COMPLEX, SUITE 112,
WOODVALE GROOVE, WESTLANDS,
P.O BOX 4321-00100,
NAIROBI.

TO BE SERVED UPON

1) DIRECTORATE OF CRIMINAL INVESTIGATION

DEPARTMENT AT KISUMU
2) INSPECTOR GENERAL OF POLICE