REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
MISC. CRIMINAL APPLICATION NO…….… OF 2020
TOLUNI ADVOCATE …………………….………..………………………..…………..…… APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTION ………………………………….……..…….… 1St RESPONDENT
INSPECTOR GENERAL OF POLICE……………………………………...……………… 2Nd RESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATION……………………...…….….……..… 3rd RESPONDENT
NOTICE OF MOTION
(Pursuant to Article 22, 23(c), 29(a) and 49(1)(h) of the Constitution of Kenya 2010, Section 123 and
123A the Criminal Procedure Code Cap 75.)
TAKE NOTICE that this Honourable Court shall be moved on the ……………. day of …………… 2020
for the hearing of the application on the part of the Applicant for Orders:
1. THAT this honourable Court be pleased to admit the applicant to anticipatory bail pending
arrest or charge on such terms as the Court may deem fit.
2. THAT this honourable Court do issue orders restraining the Respondents by themselves, agents
or servants from arresting or pressing charges against the applicant with regards to matters
forming the subject matter herein.
3. THAT costs of this application be provided for.
, WHICH APPLICATION is based on the following grounds;
1. That acting upon instructions from Bristles Company Limited (vendor) and Dazzles
Limited(purchaser), the applicant prepared a sale agreement and a transfer deed for the sale of
land LR NO. 12345.
2. That a deposit of 7 million was paid to that effect, and the balance of 2 million was payable
within 90days.
3. That thereafter the applicant went to a conference in Kotzi County, and was there for 3months.
4. That upon return, the applicant was summoned to the Criminal Investigation Department
where he recorded a statement.
5. That it was from that meeting that he learnt that a transfer deed in favour of Leam Company
Limited had been prepared, executed and effected on account of his name by a person not
himself.
6. That the transfer to Leam Company Limited was fraudulent and without his involvement
whatsoever.
7. That the Respondents have not been able to apprehend or question the person who effected the
registration of the fraudulent transfer, therefore the investigation is substantially incomplete
and biased.
8. That on account of the foregoing, the Respondents intends to press trumped-up charges of
forgery, obtaining registration by false pretense and conspiracy to defraud against the applicant.
9. Which charges are without basis and amounts to abuse of the Court process hence deserving of
sanctioning by orders of this honourable Court.
10. That the Applicant has learnt that the police intend to arrest him on Friday, which time of arrest
may fall outside the ordinary working hours of the Court, hence likely to cause the applicant to
suffer prolonged stay in unjustified detention.
11. That it is in the interest of justice that this Application should be allowed.
WHICH APPLICATION is further supported by the annexed affidavit of TOLUNI ADVOCATE.
DATED at NAIROBI this …………………..……… day of …………………….2020
Livingstone & CO. Advocates
ADVOCATES FOR THE APPLICANT
IN THE HIGH COURT AT NAIROBI
MISC. CRIMINAL APPLICATION NO…….… OF 2020
TOLUNI ADVOCATE …………………….………..………………………..…………..…… APPLICANT
VERSUS
DIRECTOR OF PUBLIC PROSECUTION ………………………………….……..…….… 1St RESPONDENT
INSPECTOR GENERAL OF POLICE……………………………………...……………… 2Nd RESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATION……………………...…….….……..… 3rd RESPONDENT
NOTICE OF MOTION
(Pursuant to Article 22, 23(c), 29(a) and 49(1)(h) of the Constitution of Kenya 2010, Section 123 and
123A the Criminal Procedure Code Cap 75.)
TAKE NOTICE that this Honourable Court shall be moved on the ……………. day of …………… 2020
for the hearing of the application on the part of the Applicant for Orders:
1. THAT this honourable Court be pleased to admit the applicant to anticipatory bail pending
arrest or charge on such terms as the Court may deem fit.
2. THAT this honourable Court do issue orders restraining the Respondents by themselves, agents
or servants from arresting or pressing charges against the applicant with regards to matters
forming the subject matter herein.
3. THAT costs of this application be provided for.
, WHICH APPLICATION is based on the following grounds;
1. That acting upon instructions from Bristles Company Limited (vendor) and Dazzles
Limited(purchaser), the applicant prepared a sale agreement and a transfer deed for the sale of
land LR NO. 12345.
2. That a deposit of 7 million was paid to that effect, and the balance of 2 million was payable
within 90days.
3. That thereafter the applicant went to a conference in Kotzi County, and was there for 3months.
4. That upon return, the applicant was summoned to the Criminal Investigation Department
where he recorded a statement.
5. That it was from that meeting that he learnt that a transfer deed in favour of Leam Company
Limited had been prepared, executed and effected on account of his name by a person not
himself.
6. That the transfer to Leam Company Limited was fraudulent and without his involvement
whatsoever.
7. That the Respondents have not been able to apprehend or question the person who effected the
registration of the fraudulent transfer, therefore the investigation is substantially incomplete
and biased.
8. That on account of the foregoing, the Respondents intends to press trumped-up charges of
forgery, obtaining registration by false pretense and conspiracy to defraud against the applicant.
9. Which charges are without basis and amounts to abuse of the Court process hence deserving of
sanctioning by orders of this honourable Court.
10. That the Applicant has learnt that the police intend to arrest him on Friday, which time of arrest
may fall outside the ordinary working hours of the Court, hence likely to cause the applicant to
suffer prolonged stay in unjustified detention.
11. That it is in the interest of justice that this Application should be allowed.
WHICH APPLICATION is further supported by the annexed affidavit of TOLUNI ADVOCATE.
DATED at NAIROBI this …………………..……… day of …………………….2020
Livingstone & CO. Advocates
ADVOCATES FOR THE APPLICANT
