[2014] KEHC 6271 (KLR)
The court found that the respondents had complied with its order by filing affidavits confirming on oath that no police reports or records exist in relation to the death of the Late Honourable Josiah Mwangi Kariuki. The absence of such information, as sworn by the responsible officers, rendered the Chamber Summons...
Source-derived case information.
- Citation
- [2014] KEHC 6271 (KLR)
- Parties
- Applicant: Jane Wangari Kariuki; Applicant: John Sekou Kariuki; Applicant: Rosemary Wanjiku Machua (nee Kariuki); Applicant: Gordon Njee Kariuki; Applicant: Anne Mumbi Muiruri (nee Kariuki); Applicant: Antony Muchiri Kariuki; Applicant: Mark Kariuki Mwangi; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 1450 of 2005
- Procedural Posture
- Constitutional Petition / Ruling on Chamber Summons Regarding Disclosure of Police Reports
- Outcome
- Chamber Summons dated 9th May 2012 declared spent; no order as to costs.
- Judges
- DAS Majanja
- Legal Topics
- Right to Information, Disclosure of Police Records, Criminal Investigation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wangari Kariuki
Applicant
John Sekou Kariuki
Applicant
Rosemary Wanjiku Machua (nee Kariuki)
Applicant
Gordon Njee Kariuki
Applicant
Anne Mumbi Muiruri (nee Kariuki)
Applicant
Antony Muchiri Kariuki
Applicant
Mark Kariuki Mwangi
Applicant
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Chamber Summons Regarding Disclosure of Police Reports
Legal Issues
- 1 Whether the respondents complied with the court order to disclose any police reports made under section 386(1) of the Criminal Procedure Code regarding the death of the Late Honourable Josiah Mwangi Kariuki.
- 2 Whether any information or records exist in relation to the deceased's case.
Ratio Decidendi
The court found that the respondents had complied with its order by filing affidavits confirming on oath that no police reports or records exist in relation to the death of the Late Honourable Josiah Mwangi Kariuki. The absence of such information, as sworn by the responsible officers, rendered the Chamber Summons seeking disclosure spent. The court held that it would proceed to consider the originating summons based on the affidavits on record and make any necessary inferences. No order as to costs was made.
Court Disposition
Chamber Summons dated 9th May 2012 declared spent; no order as to costs.
Orders
- The Chamber Summons dated 9th May 2012 is spent.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN N RIGHTS DIVISION
PETITION NO. 1450 OF 2005(OS)
BETWEEN
JANE WANGARI KARIUKI........................................1ST APPLICANT
JOHN SEKOU KARIUKI............................................2ND APPLICANT
ROSEMARY WANJIKU MACHUA(nee KARIUKI).....3RD APPLICANT
GORDON NJEE KARIUKI........................................4TH APPLICANT
ANNE MUMBI MUIRURI(nee KARIUKI)......................5TH APPLICANT
ANTONY MUCHIRI KARIUKI..................................6TH APPLICANT
MARK KARIUKI MWANGI......................................7TH APPLICANT
AND
THE ATTORNEY GENERAL .......................................RESPONDENT
RULING NO. 3
When the Chamber Summons dated 9th May 2013 came up for hearing on 22nd May 2013, I directed as follows;
The respondents, that is the Attorney General, Director of Public Prosecutions or Inspector General of Police furnish this Court within 14 days an affidavit/s disclosing on oath any reports and or any reports made to the police under section 386(1) of the Criminal Procedure Code as it relates to the death of the Late Honourable Josiah Mwangi Kariuki (deceased).
In compliance with the said orders, the respondents filed two affidavits, the first one by Titi Ayiera, the Legal Officer in the National Police Service, who swore an affidavit on 19th December 2012. The said affidavit is a replying affidavit to the originating summons and it does not contain any information or material in answer to the Chamber Summons.
A further replying affidavit was filed sworn by John Kariuki, Officer in Charge Serious Crime Unit, on 16th August 2013. He depones that after the orders of 22nd May 2013 were issued, a search was conducted at the police archives, office of the Directorate of Criminal Prosecutions so as to trace records relating to the deceased’s case. He depones that the said search did not bear any fruit as no information of the case could be traced.
It is therefore clear that the respondents’ case is that no information exists in relation to the deceased’s case. This has now been confirmed on oath and therefore the Chamber Summons dated 9th May 2012 is spent. The Court will now be at liberty to deal with the replying affidavits and make inferences if necessary when considering the originating summons.
I make no order as to costs.
DATED and DELIVERED at NAIROBI this 25th March 2014.
D.S. MAJANJA
JUDGE
Ms Aullo instructed by Soweto and Company Advocates for the applicants
Mr Moimbo, Litigation Counsel, instructed by the State Law Offices for the respondent.