[2012] KEHC 239 (KLR)
The court found that since the State had conceded and lifted the stop order against the petitioner, the petitioner's right to freedom of movement was no longer being infringed. The proceedings were therefore terminated as the issue in dispute had been resolved, and the petitioner was free to exercise his...
Source-derived case information.
- Citation
- [2012] KEHC 239 (KLR)
- Parties
- Applicant: Duane Mohamed Dirie; Respondent: Director of Immigration; Respondent: Attorney General; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 560 of 2012
- Procedural Posture
- Constitutional Petition / Ruling
- Outcome
- Petition terminated as the stop order was lifted; petitioner free to exercise freedom of movement; no order as to costs.
- Judges
- DAS Majanja
- Legal Topics
- Freedom of Movement, Immigration Control, Fundamental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duane Mohamed Dirie
Applicant
Director of Immigration
Respondent
Attorney General
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Ruling
Legal Issues
- 1 Whether the stop order against the petitioner infringed his constitutional right to freedom of movement.
- 2 Whether the lifting of the stop order renders the petition moot.
Ratio Decidendi
The court found that since the State had conceded and lifted the stop order against the petitioner, the petitioner's right to freedom of movement was no longer being infringed. The proceedings were therefore terminated as the issue in dispute had been resolved, and the petitioner was free to exercise his constitutional rights. No order as to costs was made.
Court Disposition
Petition terminated as the stop order was lifted; petitioner free to exercise freedom of movement; no order as to costs.
Orders
- Proceedings are terminated.
- The petitioner is free to exercise his freedom of movement as enshrined in the Constitution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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DUANE MOHAMED DIRIE ................................................... PETITIONER
AND
DIRECTOR OF IMMIGRATION .................................. 1ST RESPONDENT
ATTORNEY GENERAL ............................................... 2ND RESPONDENT
DIRECTOR OF PUBLIC PROSECUTIONS …....…...3RD RESPONDENT
RULING
In view of the concession by the State that the stop order against the petitioner has been lifted by the Immigration Department through a circular dated 22nd October 2012, issued to all border control posts, this proceedings are terminated and the petitioner is free to exercise his freedom of movement as enshrined in the Constitution. There shall be no order as to costs in the matter.
DATEDand DELIVERED at NAIROBI this 20th day of December 2012
D. S. MAJANJA
JUDGE