Nairobi — Can the High Court grant orders to forestall the occurrence of an anticipated breach of fundamental rights and freedoms? Or put simply, can the courts grant anticipatory bail or bail before arrest?
This question was raised at a Constitutional Court by a tea farmer madly in love and its determination has given birth to a new law in the land: persons who are justifiably apprehensive that they may be arrested and or detained by police can now obtain bail before arrest.
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