Anticipatory bail: asking the High Court for bail before arrest
Judiciary of Kenya · sources read 4 Oct 2026
If you have a real fear that the state is about to arrest you unlawfully, you can ask the High Court for anticipatory bail, which is bail before arrest. You must show the threat is real, not imagined, and that the arrest would breach your right to liberty unlawfully.
- Where
- The High Court
Steps
- Apply to the High Court. Only the High Court grants anticipatory bail.
- Show that a state body, such as the police, is likely to breach your right to liberty unlawfully.
- Give the court facts showing your fear of arrest is real, not imagined or speculative.
- If the court grants it, keep every condition it sets, for example reporting to a police station or court.
Watch out
- It protects against an unlawful arrest. It is not a shield from a lawful investigation.
- The court can attach any conditions it thinks fit, such as reporting to a police station or court regularly.
- Your right not to be deprived of freedom without just cause is the basis of the application.
Who this covers
- Anyone with a real, not speculative, fear of being arrested.
- Every person may go to court when a right in the Bill of Rights is threatened, not only after it is violated.
Official sources (2)
- Bail and Bond Policy Guidelines judiciary.go.ke · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 4 Oct 2026