[2007] KEHC 3347 (KLR)
The court found the explanation provided by the Commandant of the Anti-Terrorism Police Unit for the officers' absence unconvincing and lacking in detail. The judge emphasized that compliance with court summons is mandatory and that the absence of all summoned officers on the basis of an unspecified Presidential...
Source-derived case information.
- Citation
- [2007] KEHC 3347 (KLR)
- Parties
- Applicant: Muslim Human Rights Forum (Al Amin Kimathi); Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 546 of 2007
- Procedural Posture
- Criminal Application / Ruling on Non Attendance of Summoned Police Officers
- Outcome
- Summoned police officers given a final opportunity to appear; failure to do so will result in warrants of arrest.
- Judges
- GMA Dulu
- Legal Topics
- Contempt of Court, Court Attendance, Summons Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muslim Human Rights Forum (Al Amin Kimathi)
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Non Attendance of Summoned Police Officers
Legal Issues
- 1 Whether the failure of the summoned police officers to attend court on 17/9/2007 was justified.
- 2 What consequences should follow the non-attendance of the police officers despite being summoned.
Ratio Decidendi
The court found the explanation provided by the Commandant of the Anti-Terrorism Police Unit for the officers' absence unconvincing and lacking in detail. The judge emphasized that compliance with court summons is mandatory and that the absence of all summoned officers on the basis of an unspecified Presidential function was not credible. However, the court exercised discretion by granting the officers another opportunity to appear and explain their absence, warning that failure to comply would result in warrants of arrest. The ruling underscores the court's authority to enforce attendance and the seriousness with which it views non-compliance with its orders.
Court Disposition
Summoned police officers given a final opportunity to appear; failure to do so will result in warrants of arrest.
Orders
- The summoned police officers are ordered to appear in court on 8/10/2007 at 9.00 a.m. for the hearing of the case.
- On that date, each officer must individually explain their failure to appear on 17/9/2007.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Criminal Appli 546 of 2007
MUSLIM HUMAN RIGHTS FORUM…………………………..APPLICANT
(Al AMIN KIMATHI)
VERSUS
REPUBLIC………………………………...…………………RESPONDENT
RULING
I have considered what was stated by the learned State Counsel Mr. Warui regarding the non-attendance in court on 17/9/2007 by police officers who were summoned to appear in court. I have also considered the submissions of Mr. Ndubi for the applicant. The State Counsel showed me a letter dated 12th September 2007 summoning the police officers to attend court. He now states that he was called on phone in the morning of 17/9/2007 by the Commandant Anti-Terrorism Police Unit to tell him that the said commandant and the other police officers who were summoned to appear in court are engaged in a Presidential function in Western Province, which particular function was not disclosed.
I do not believe in what the Commandant of the Anti-Terrorism Police Unit, Mr. Kamwende, has told the State Counsel on phone. I indeed, take a serious view of this as it cannot be that all the police officers who have been summoned to appear in court, are suddenly assigned to a Presidential function. The commandant has not even indicated a date or dates on which he and the said police officers will be able to come to court, nor has he indicated how long the presidential function will take.
I however give them another chance. I order that the same police officers do appear in court on 8/10/2007 at 9. 00 a.m. for the hearing of this case. On that date they will have to explain individually why they failed to appear in court on 17/9/07. Summons should issue to them for their appearance accordingly.
Let me make it clear that if they do not appear in court as directed above, warrants of arrest will be issued.
The same orders herein apply to Miscellaneous Criminal Applications No. 547 of 2007 and No. 548 of 2007.
Dated at Nairobi this 18th day September 2007.
George Dulu
Judge
In the presence of –
Mr. Ndubi for applicant
Mr. Makura and Ms. Gateru for respondents
Eric - court clerk