[2014] KEHC 3189 (KLR)
The court declined to address the merits of the habeas corpus application because the subject, Fatma Jeylani Munye Nur, had already been reunited with her family, rendering the application moot. The judge determined that delving into the merits would be an academic exercise and a waste of judicial resources. Given...
Source-derived case information.
- Citation
- [2014] KEHC 3189 (KLR)
- Parties
- Applicant: Fatma Jeylani Munye Nur; Applicant: Jeylani Munye Nur; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Judgment Date
- 6 June 2014
- Case Number
- Miscellaneous Criminal Application 1 of 2013
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Costs After Habeas Corpus Application Resolved
- Outcome
- Application for habeas corpus spent; no order as to costs.
- Judges
- CW Meoli
- Legal Topics
- Habeas Corpus, Costs Orders, Criminal Procedure, Parental Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fatma Jeylani Munye Nur
Applicant
Jeylani Munye Nur
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Costs After Habeas Corpus Application Resolved
Legal Issues
- 1 Whether any order as to costs should be made after the subject of the habeas corpus application was reunited with her family.
- 2 Whether the court should address the merits of the habeas corpus application after it has become moot.
Ratio Decidendi
The court declined to address the merits of the habeas corpus application because the subject, Fatma Jeylani Munye Nur, had already been reunited with her family, rendering the application moot. The judge determined that delving into the merits would be an academic exercise and a waste of judicial resources. Given that the disappearance was resolved and the girl was safely returned to her parents, and considering the circumstances did not indicate fault on either side, the court found it inappropriate to make any order as to costs for or against any party.
Court Disposition
Application for habeas corpus spent; no order as to costs.
Orders
- No order as to costs is made for or against any party.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
MISCELLANEOUS CRIMINAL APPLICATION NO. 1 OF 2013
IN THE MATTER OF: THE CONSTITUTION OF KENYA
AND
IN THE MATTER OF: SECTION 389 OF THE CRIMINAL PROCEDURE CODE
AND
IN THE MATTER OF: AN APPLICATION FOR DIRECTION IN THE NATURE OF HABEAS CORPUS
AND
IN THE MATTER OF: THE CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS) RULES
IN THE MATTER OF: FATMA JEYLANI MUNYE NUR IN RESPECT OF
FATMA JEYLANI MUNYE NUR AND
JEYLANI MUNYE NUR ………………………….……………..APPLICANTS
RULING
1. As noted by Muriithi J. on 18th January, 2013 the habeas corpus aspect of this matter is spent as the subject matter of the application for habeas corpus, Fatma Jeylan Munye Nur was reunited with her family on 13th January, 2013. Rather than restrict their submissions to the question of costs as directed by Muriithi J, the advocates for the parties have addressed themselves exhaustively to the question of the merit of the main application. In my considered view, to go into the merits of the said motion would constitute an academic exercise and a waste of the court’s time.
2. Be that as it may, I have read through the multiple affidavits filed on either side to appreciate the nature of the dispute. It would seem that the application was prompted by the disappearance of the adolescent daughter of the applicant from the custody of her parents, who suspected that she had eloped with the respondent, an older man and her former teacher. The respondent denies this. Any responsible parent in the applicant’s circumstances would have done everything possible to trace his daughter. At the same time the respondent, a seemingly old friend of that applicant’s family has shown indignation at the accusation leveled against him. My view of this matter is the age old wisdom that all is well that ends well.
3. The young girl has been traced and is safely in the parents’ custody and under the apparent supervision of Muslim clergy. No order concerning costs ought to be made in the circumstances of this case for or against any of the parties.
It is so ordered.
Delivered and signed at Malindi this 6th day of June, 2014 in the presence of: Mr. Mwadilo holding brief for Ms. Chepkwony for the applicants, court clerk - Samwel.
C. W. Meoli
JUDGE
6-6-2014