[2002] KEHC 209 (KLR)
The court, upon being satisfied by the applicant's ex parte submissions and the urgency of the matter, found it necessary to issue a habeas corpus order directing the Commissioner of Police in North Eastern Province to produce Suleiman Aden Abbas before the court. The court further ordered that the Commissioner or...
Source-derived case information.
- Citation
- [2002] KEHC 209 (KLR)
- Parties
- Applicant: Farah Aden Abbas; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 72 of 2002
- Procedural Posture
- Criminal Application / Ex Parte Application for Habeas Corpus Order
- Outcome
- Habeas corpus order granted ex parte; production of detainee ordered.
- Legal Topics
- Habeas Corpus, Unlawful Detention, Personal Liberty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Farah Aden Abbas
Applicant
Attorney General
Respondent
Procedural Posture
Criminal Application / Ex Parte Application for Habeas Corpus Order
Legal Issues
- 1 Whether the continued detention of Suleiman Aden Abbas is lawful.
- 2 Whether an order of habeas corpus ad subjiciendum should issue to compel production of the detainee before the court.
- 3 Whether the Commissioner of Police or his agents are justified in detaining Suleiman Aden Abbas.
Ratio Decidendi
The court, upon being satisfied by the applicant's ex parte submissions and the urgency of the matter, found it necessary to issue a habeas corpus order directing the Commissioner of Police in North Eastern Province to produce Suleiman Aden Abbas before the court. The court further ordered that the Commissioner or his representative appear to show cause why the detainee should not be released, thereby upholding the fundamental right to personal liberty and ensuring judicial oversight over executive detention.
Court Disposition
Habeas corpus order granted ex parte; production of detainee ordered.
Orders
- The Commissioner of Police or his agents in North Eastern Province shall produce Suleiman Aden Abbas before the court on 30th July, 2002 at 8:30 a.m..
- This order and application shall be served upon the Attorney General or his representative in Coast Province forthwith.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPLICATION 72 OF 02
IN THE MATTER OF: An Application by FARAH ADEN ABBAS on behalf of SULEIMAN ADEN ABBAS
AND
IN THE MATTER OF: The Criminal Procedure (Direction in the Nature of Habeas Corpus)
Rules
AND
IN THE MATTER OF: An Application for an Order of Habeas Corpus Ad Subjiciendum
BETWEEN
FARAH ADEN ABAAS ……………………………………………..…………. APPLICANT
VERSUS
ATTORNEY GENERAL …………………………………………………….. RESPONDENT
(BEFORE COMMISSIONER OF ASSIZE JOYCE N. KHAMINWA) ORDER
UPON HEARING the Advocate for the Applicant MR. MOHAMED WARSAME and UPON READIN THE APPLICATION dated 26/7/02 Under Certificate of Urgency ex parte, IT IS HEREBY
ORDERED:
1. THAT I DREICT THAT THE commissioner Of Police of his Agents in North Eastern Province to produce before this court the Said Suleiman Aden Abbas on 30th July, 2002 at 8. 30 a.m..
2. THAT this order and application shall be served upon the Attorney General or his representative in Coast Province forthwith.
3. THAT the Commissioner of Police in North Eastern Province and/or his agent or representative shall appear on 30/7/02 in court at 8. 30 a.m. to show cause why the said Suleiman Aden should not be released forthwith.
4. THAT inter partes hearing on 30th July, 2002.
ISSUED Under my Hand on this 26th Day of July, 2002.
DEPUTY REGISTRAR
HIGH COURT, MOMBASA
DATED AT MOMBASA THIS 26TH DAY OF JULY, 2002
PENAL NOTICE
Any party served with this order and does not comply shall be guilty of contempt of a court order punishable by either imprisonment or fine or both .