[2002] KEHC 349 (KLR)
The court, upon perusing the application and supporting affidavit, found sufficient basis to require the first respondent to appear and show cause why Jelani Abusheikh should not be produced in court. Given the allegation that the respondents are about to remove Jelani Abusheikh from the jurisdiction, the court...
Source-derived case information.
- Citation
- [2002] KEHC 349 (KLR)
- Parties
- Applicant: Jelani Abusheikh; Respondent: Commissioner of Police; Respondent: Mossad; Respondent: Federal Bureau of Investigations (FBI)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 110 of 2002
- Procedural Posture
- Criminal Application / Interim Orders Prior to Inter Partes Hearing
- Outcome
- Interim orders granted; first respondent to appear and show cause.
- Legal Topics
- Habeas Corpus, Unlawful Detention, Jurisdiction, Removal of Person
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jelani Abusheikh
Applicant
Commissioner of Police
Respondent
Mossad
Respondent
Federal Bureau of Investigations (FBI)
Respondent
Procedural Posture
Criminal Application / Interim Orders Prior to Inter Partes Hearing
Legal Issues
- 1 Whether Jelani Abusheikh is being unlawfully detained by the respondents.
- 2 Whether the respondents are about to remove Jelani Abusheikh from the jurisdiction of the court.
- 3 Whether interim orders should be granted to prevent removal pending hearing.
Ratio Decidendi
The court, upon perusing the application and supporting affidavit, found sufficient basis to require the first respondent to appear and show cause why Jelani Abusheikh should not be produced in court. Given the allegation that the respondents are about to remove Jelani Abusheikh from the jurisdiction, the court exercised its inherent powers to grant interim orders in terms of the prayers sought, specifically to prevent removal of the applicant pending the inter-partes hearing. The orders are necessary to safeguard the applicant's liberty and ensure the effectiveness of the habeas corpus proceedings.
Court Disposition
Interim orders granted; first respondent to appear and show cause.
Orders
- The first respondent through the Attorney General is ordered to appear in court on 18th December 2002 at 11:00 a.m. to show cause why Jelani Abusheikh should not be produced in court.
- Interim orders are granted in terms of prayers (vi) and (vii) restraining removal of Jelani Abusheikh from the jurisdiction until the matter is heard inter-partes.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL APPLICATION NO. 110 OF 2002
IN THE MATTER OF: AN APPLICATION BY OMAR OSMAN ISSA
ON BEHALF OF JENANI ABUSHEIKH
AND
IN THE MATTER OF: THE CRIMINAL PROCEDURE
(DIRECTIONS IN THE NATURE OF HABEAS CORPUS) RULES
AND
IN THE MATTER OF AN APPLICATION FOR AN ORDER OF
HABEAS AND SUBJICIENDUM
BETWEEN
THE REPUBLIC EXPARTE JELANI ABUSHEIKH ..………….……….. APPLICANT
VERSUS
THE COMMISSIONER OF POLICE through the HON. THE ATTORNEY GENERAL
THE MOSSAD
THE FEDERAL BEREAU OF INVESTIGATIONS (FBI) ………........RESPONDENTS
RULING
I have Perused the Application and The Affidavit in support of it. I do order the First Respondent through the Attorney General to appear in Court on Wednesday 18th December 2002 at 11. 00 a.m. to show cause why Jelani Abusheikh should not be produced in to the court. As it is alleged that the Respondents are about to remove the same Jelani Abusheikh from the jurisdiction, I also make interim orders in terms of prayers (vi) and (vii) till the matter is heard inter-partes on 18. 12. 2002 at 11. 00 a.m.
Dated at Mombasa this 16th December 2002.
J.W. ONYANGO OTIENO
JUDGE