[2023] KEHC 19209 (KLR)
The court declined to issue an order for the production of the applicant's body because the application lacked specific information identifying the individuals who allegedly detained the applicant or the vehicles involved. Without such particulars, the court could not direct an enforceable order to the Inspector...
Source-derived case information.
- Citation
- [2023] KEHC 19209 (KLR)
- Parties
- Applicant: Zedekiah Samson Omondi; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E238 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Chamber Summons for Production of Applicant
- Outcome
- Application declined pending provision of further particulars.
- Judges
- DR Kavedza
- Legal Topics
- Habeas Corpus, Enforced Disappearance, Production of Body, Police Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zedekiah Samson Omondi
Applicant
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Chamber Summons for Production of Applicant
Legal Issues
- 1 Whether the court can order the Inspector General of Police to produce the applicant without specific information identifying the detaining individuals or vehicles.
- 2 Whether the application meets the threshold for granting a habeas corpus order.
Ratio Decidendi
The court declined to issue an order for the production of the applicant's body because the application lacked specific information identifying the individuals who allegedly detained the applicant or the vehicles involved. Without such particulars, the court could not direct an enforceable order to the Inspector General of Police or any other specific entity. The applicant was directed to provide additional information to enable the court to consider granting the orders sought.
Court Disposition
Application declined pending provision of further particulars.
Orders
- The applicant is directed to provide additional information to enable the court to grant specific and actionable orders.
Full Case Text
Judgment text and source record
21 paragraphs
Omondi v Inspector Genaral of Police (Miscellaneous Criminal Application E238 of 2023) [2023] KEHC 19209 (KLR) (Crim) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19209 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Miscellaneous Criminal Application E238 of 2023
DR Kavedza, J
June 29, 2023
Between
Zedekiah Samson Omondi
Applicant
and
Inspector Genaral of Police
Respondent
Ruling
1. I have gone through the chamber summons application dated June 23, 2023 filed under certificate of urgency and the supporting affidavit of Ongalo Velma seeking orders that the body of Zedekiah Samson Omondi be produced by the respondent.
2. From the averments of Ongalo Velma, she received a call from the applicant, her husband, informing her that he was being taken away by unknown individuals from their homestead. However, the applicant did not state whether the said individuals were police officers, and neither did he specify the registration number of the motor vehicles involved to enable the court to issue an order to a specific entity or person.
3. The application filed therefore makes it difficult for the court to order the Inspector General (IG) of police to produce the applicant.
4. The applicant is therefore directed to provide additional information to enable the court to grant specific and actionable orders.
5Orders accordingly.
DATED AND DELIVERED VIRTUALLY THIS 29TH DAY OF JUNE 2023. ..........................D. KAVEDZAJUDGE