[2012] KEHC 1108 (KLR)
The court found that, despite the petitioner.s challenge to the conditions at Lang.ata Women.s Prison, the only proper and recognized holding facility for her pending judgment is that prison. The court was sympathetic to the petitioner.s situation but determined that, in the absence of a suitable alternative and...
Source-derived case information.
- Citation
- [2012] KEHC 1108 (KLR)
- Parties
- Petitioner: Agnes Nemakonde Galawu; Respondent: The Hon. Minister of State for Immigration and Registration of Persons; Respondent: The Hon. Attorney General; Respondent: Kituo Cha Sheria
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 188 of 2012
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling Pending Final Judgment
- Outcome
- Petitioner to be held at Lang.ata Women.s Prison pending judgment.
- Judges
- DAS Majanja
- Legal Topics
- Nationality Status, Detention Conditions, Rights of Detainees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Nemakonde Galawu
Petitioner
The Hon. Minister of State for Immigration and Registration of Persons
Respondent
The Hon. Attorney General
Respondent
Kituo Cha Sheria
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling Pending Final Judgment
Legal Issues
- 1 Whether the petitioner.s nationality and status are lawfully determined.
- 2 Whether the conditions at Lang.ata Women.s Prison violate the petitioner.s constitutional rights.
- 3 Whether the petitioner should be held at Lang.ata Women.s Prison pending judgment.
Ratio Decidendi
The court found that, despite the petitioner.s challenge to the conditions at Lang.ata Women.s Prison, the only proper and recognized holding facility for her pending judgment is that prison. The court was sympathetic to the petitioner.s situation but determined that, in the absence of a suitable alternative and given her conduct that compromised the UNHCR.s ability to assist, she must be returned to Lang.ata Women.s Prison until the final judgment is delivered. The court declined to order her release or alternative reporting arrangements, emphasizing the need for lawful custody.
Court Disposition
Petitioner to be held at Lang.ata Women.s Prison pending judgment.
Orders
- The petitioner shall be held at Lang.ata Women.s Prison pending judgment.
- Judgment to be delivered on 5th December 2012 at 2:30 pm.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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AGNES NEMAKONDE GALAWU ............................................PETITIONER
AND
THE HON. MINISTER OF STATE FORIMMIGRATION AND
REGISTRATION OF PERSONS .....................................1ST RESPONDENT
THE HON. ATTORNEY GENERAL.................................2ND RESPONDENT
KITUO CHA SHERIA......................................................3RD RESPONDENT
RULING
1. The nationality and status of the petitioner is in doubt and it is the subject of this petition. The petitioner also challenges the nature of holding facilities at the Lang’ata Women’s Prison. While the matter was pending, the UNHCR agreed to facilitate her residence at their facilities. Unfortunately, due to her conduct, she compromised the UNHCR’s ability to discharge its functions for the benefit of persons in similar need. In fact her appearance, in court was pursuant to a warrant of arrest.
2. Counsel for the petitioner has asked the court not to return the petitioner to Langata Women’s Prison on account of the challenge made to those facilities in the petition. He also suggests that she should be free and the court should impose an order for her to report to the Police Station periodically.
3. I am sympathetic to the petitioner’s plight but the proper holding place known is the Lang’ata Women’s Prison where she was being held prior to the intervention of the UNHCR. Pending judgment she shall be held in that facility.
4. The judgment in this matter shall be read on 5th December 2012 at 2. 30 pm.
DATEDandDELIVERED at NAIROBI this 6th day of November 2012
D.S. MAJANJA
JUDGE
COURT–Ruling read and delivered in open court.
D.S. MAJANJA
JUDGE