[2009] KEHC 231 (KLR)
The court held that, in the absence of specific information regarding the dates of arrest and arraignment, it is not possible to determine whether the applicant's constitutional rights were violated. The burden of proof lies with the applicant to provide sufficient particulars to enable the court to make a...
Source-derived case information.
- Citation
- [2009] KEHC 231 (KLR)
- Parties
- Applicant: Cleophas Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 67 of 2008
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Right to Liberty, Pre Trial Detention, Constitutional Rights Enforcement
- 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
Cleophas Juma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's constitutional right to liberty under Section 72(3)(b) of the Constitution was violated due to prolonged detention before being charged.
- 2 Whether the absence of specific dates of arrest and arraignment precludes the court from determining a constitutional violation.
Ratio Decidendi
The court held that, in the absence of specific information regarding the dates of arrest and arraignment, it is not possible to determine whether the applicant's constitutional rights were violated. The burden of proof lies with the applicant to provide sufficient particulars to enable the court to make a determination. Since the application and supporting affidavit did not indicate the relevant dates, the court dismissed the application for lack of evidence. The underlying criminal case was ordered to proceed to hearing.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Mumias Criminal Case No. 228/2006 shall proceed to hearing.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA Miscellaneous Criminal Application 67 of 2008
CLEOPHAS JUMA..................................................APPLICANT
VERSUS
REPUBLIC .........................................................RESPONDENT
RULING
In his application filed on 22nd October, 2008, the Applicant seeks orders that the violation of his fundamental Constitutional rights to liberty be determined. The application is brought under Section 72 (3) (b) of the Constitution.
The Applicant states that he was detained in Police custody for over a fortnight before he was charged in court. He is seeking production of the Occurrence Book of Mumias Police Station dated 9th/10th November, 2006 to shed light and clear doubt on the report made and items found.
Both the application and the supporting affidavit do not indicate when the applicant was arrested and when he was arraigned before the court. It is therefore not possible for this court to determine whether the applicant’s Constitutional rights were violated. This application is dismissed. The Mumias Criminal Case No. 228/2006 shall proceed to hearing.
Delivered, dated and signed at Kakamega this 23rd day of September, 2009.
SAID J. CHITEMBWE
J U D G E