Caption: The People's President Raila Odinga and Siaya senator James Orengo addressing the press at a past event. Photo/ by kahawatungu.com.The high court granted James Orengo an anticipatory bail.
After the inauguration of the 'People’s President' Raila Odinga on January 30th, Kenyans have come to hear these two words, “anticipatory bail” far too many times.
This is after the government unleashed a series of arrests targeting opposition leaders, especially those who were directly involved in the swearing-in ceremony and media personalities.
First to become state guests were TJ Kajwang and the self-proclaimed NASA general Miguna Miguna.
Then the rumor of impending arrests of Nation Media Group chief executive officer Linus Kaikai, who is also the chairman of Kenya Editors Guild and Television presenters Larry Madowo prompted them to rush to court to apply for anticipatory bail.
Later, the court would also grant anticipatory bail to many other opposition leaders including Siaya senator James Orengo, Mombasa senator Hassan Joho, Embakasi East MP Babu Owino among others.
The question many Kenyans who are not well conversant with the law are asking is this; what exactly is anticipatory bail and in what situations is it applied for.
According to kenyalaw.org, a person can seek an order of the court to be admitted to anticipatory bail on terms pending appearance before the police and or charge before a court of law.
The applicant is apprehensive and suspects that the police is about to arrest him or her on the basis of trump up charges whose intention is to threaten her or him and to limit his or her participation in the current affairs of the country.
The applicant of anticipatory bail may do so on the grounds that the police are either following him or her or sending him or her intimidating messages which threatens to block him or her from enjoying his or her fundamental rights.
Chapter four of the constitution of Kenya establishes the bill of rights and guarantees rights and freedoms.
Article 47 (2) establishes the right to fair administrative action.
If freedom of expression, freedom of conscience, freedom of thought and freedom of movement of a person are threatened, then the person is obliged by law to go to court for the protection of those rights.
If the person legally perceives that the police are intending to arrest and detain her, he or she can seek bail before arrest, this is what is known as anticipatory bail.
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