[2024] KEHC 5552 (KLR)
The court found that the applicant had established a prima facie case for the issuance of a writ of habeas corpus, given the allegations of unlawful detention and the urgency of the matter. The court certified the matter as urgent and directed the respondents to produce the body of Abdi Hillow Alio before the Kibera...
Source-derived case information.
- Citation
- [2024] KEHC 5552 (KLR)
- Parties
- Applicant: Abdi Hillow Alio; Respondent: Inspector General Of Police; Respondent: Director Of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Habeas Corpus Application
- Outcome
- Orders granted for production of applicant and explanation for detention.
- Judges
- DR Kavedza
- Legal Topics
- Habeas Corpus, Unlawful Detention, Production of Detainee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdi Hillow Alio
Applicant
Inspector General Of Police
Respondent
Director Of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Habeas Corpus Application
Legal Issues
- 1 Whether the applicant is being unlawfully detained by the respondents.
- 2 Whether an order of habeas corpus should issue for the production of the applicant.
- 3 Whether the respondents should be compelled to explain why the applicant should not be released on bail or bond.
Ratio Decidendi
The court found that the applicant had established a prima facie case for the issuance of a writ of habeas corpus, given the allegations of unlawful detention and the urgency of the matter. The court certified the matter as urgent and directed the respondents to produce the body of Abdi Hillow Alio before the Kibera Chief Magistrate’s Court by a specified date. The court further ordered the respondents to explain why the applicant should not be released on bail or bond, and allowed the Director of Public Prosecutions to present any charges if necessary, at which point the orders of the High Court would lapse and the trial court would determine bail or bond. The orders were made to ensure...
Court Disposition
Orders granted for production of applicant and explanation for detention.
Orders
- The matter is certified urgent.
- The respondents are directed to produce the body of Abdi Hillow Alio on or before 14th May 2024 at Kibera Chief Magistrate’s Court.
Full Case Text
Judgment text and source record
18 paragraphs
Alio v Inspector General Of Police & another (Miscellaneous Criminal Application E047 of 2024) [2024] KEHC 5552 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5552 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E047 of 2024
DR Kavedza, J
May 9, 2024
Between
Abdi Hillow Alio
Applicant
and
Inspector General Of Police
1st Respondent
Director Of Public Prosecutions
2nd Respondent
Ruling
1. I have considered the chamber summons dated 8th May 2024 filed under certificate of urgency, supported by an affidavit sworn by the applicant’s brother Shukri Hillow Alio seeking orders of habeus corpus to have the body of Abdi Hillow Alio be produced. I hereby make the following orders:i.The matter is certified urgentii.The Respondents are hereby directed to produce the body of Abdi Hillow Alio on or before 14th May 2024 at Kibera Chief Magistrate’s Court.iii.That further to the orders in (II) above, the respondents should explain why the said Abdi Hillow Alio should not be released on bail/bond.iv.Upon such production, the 2nd respondent is at liberty to present any charge against the said Abdi Hillow Alio in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to make a decision on whether to grant bail/bond or not for the ends of justice to be met.v.The applicant is directed to serve the respondents with this ruling before end of business today.
RULING DATED AND DELIVERED THIS 9THDAY OF MAY 2024_________________D. KAVEDZAJUDGE