[2023] KEHC 18729 (KLR)
The court found that the applicant's claim of being held in custody without a court order raised an urgent constitutional issue regarding the right to liberty. To safeguard the applicant's rights and ensure due process, the court certified the application as urgent and ordered that, if the applicant was indeed being...
Source-derived case information.
- Citation
- [2023] KEHC 18729 (KLR)
- Parties
- Applicant: Henry Ochuko Odugba; Respondent: Director Of Public Prosecutions; Respondent: The Inspector General of Police; Respondent: The CS, Ministry Of Interior And Coordination National Government; Respondent: The Director of Immigration Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E208 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Order
- Outcome
- Application certified urgent; production order issued.
- Judges
- DR Kavedza
- Legal Topics
- Unlawful Detention, Production Order, Habeas Corpus, Urgent Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Ochuko Odugba
Applicant
Director Of Public Prosecutions
Respondent
The Inspector General of Police
Respondent
The CS, Ministry Of Interior And Coordination National Government
Respondent
The Director of Immigration Services
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Order
Legal Issues
- 1 Whether the applicant is being unlawfully detained without a court order.
- 2 Whether the applicant should be produced before the court for further directions.
Ratio Decidendi
The court found that the applicant's claim of being held in custody without a court order raised an urgent constitutional issue regarding the right to liberty. To safeguard the applicant's rights and ensure due process, the court certified the application as urgent and ordered that, if the applicant was indeed being detained without a court order, he must be produced physically before the court for further directions. The court also directed that the order be served on the respondents promptly to facilitate compliance and protect the applicant's constitutional rights.
Court Disposition
Application certified urgent; production order issued.
Orders
- The application dated June 5, 2023 is certified urgent.
- If the applicant is being held in custody without a court order, he shall be produced physically before this court by the Investigating Officer on June 14, 2023 at 12 noon.
Full Case Text
Judgment text and source record
24 paragraphs
Odugba v Director of Public Prosecutions & 3 others (Miscellaneous Criminal Application E208 of 2023) [2023] KEHC 18729 (KLR) (Crim) (13 June 2023) (Order)
Neutral citation: [2023] KEHC 18729 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E208 of 2023
DR Kavedza, J
June 13, 2023
Between
Henry Ochuko Odugba
Applicant
and
Director Of Public Prosecutions
1st Respondent
The Inspector General of Police
2nd Respondent
The CS, Ministry Of Interior And Coordination National Government
3rd Respondent
The Director of Immigration Services
4th Respondent
Order
1. Upon reading the chamber summons by the applicant dated June 5, 2023, together with the supporting affidavit dated June 5, 2023 sworn by the applicant.
2. It is hereby ordered:1. That he application dated June 5, 2023 is certified urgent.2. That in the event the applicant is being held in custody without a court order, I hereby direct that he be produced physically before this court by the Investigating Officer on June 14, 2023 at 12 noon.3. This order be served on the respondents before close of business today June 13, 2023.
GIVEN UNDER MY HAND AND SEAL THIS 13TH DAY OF JUNE 2023. .......................................D. KAVEDZAJUDGE