[2002] KEHC 1082 (KLR)
The court determined that, given the medical condition of Faiza Mohamed Swaleh and her current admission at Pandya Hospital, it was appropriate to vary the earlier order for her immediate production. The court ordered that she remain at Pandya Hospital until she could be produced before the Chief Magistrate's Court...
Source-derived case information.
- Citation
- [2002] KEHC 1082 (KLR)
- Parties
- Applicant: Erick Andika; Respondent: Principal Immigration Officer; Respondent: Attorney-General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 65 of 2002
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Order on Habeas Corpus Application
- Outcome
- Order for production of detainee varied; detainee to remain at hospital until production before court.
- Legal Topics
- Habeas Corpus, Detention Review, Production of Detainee
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Andika
Applicant
Principal Immigration Officer
Respondent
Attorney-General
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory Order on Habeas Corpus Application
Legal Issues
- 1 Whether the court should vary its earlier order regarding the production of Faiza Mohamed Swaleh due to her medical condition.
- 2 Whether Faiza Mohamed Swaleh should remain at Pandya Hospital until she can be produced before the court.
Ratio Decidendi
The court determined that, given the medical condition of Faiza Mohamed Swaleh and her current admission at Pandya Hospital, it was appropriate to vary the earlier order for her immediate production. The court ordered that she remain at Pandya Hospital until she could be produced before the Chief Magistrate's Court or as directed, at a specified time. This approach balanced the need to safeguard the detainee's health with the legal requirement to produce her before the court for habeas corpus proceedings.
Court Disposition
Order for production of detainee varied; detainee to remain at hospital until production before court.
Orders
- The body of Faiza Mohamed Swaleh be produced in Mombasa Chief Magistrate’s Court or as she may direct on 19.7.2002 at 9 a.m.
- Until then, the said Faiza Mohamed Swaleh to stay at Pandya Hospital until she is produced as hereinabove ordered.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASAMISCELLANEOUS CRIMINAL APPLICATION NO.65 OF 2002 IN THE MATTER OF: AN APPLICATION BY ERICK ANDIKA ON BEHALF OF FAIZA MOHAMED SWALEH A N D IN THE MATTER OF: CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS) RULES A N D IN THE MATTER OF: AN APPLICATION FOR AN ORDER OF HABEAS CORPUS AND SUBJICIENDUM BETWEEN
ERICK ANDIKA……………………………………………………………APPLICANT =V E R S U S= PRINCIPAL IMMIGRATION OFFICER…………………………...1ST RESPONDENT
ATTORNEY-GENERAL…………………………………………….2ND RESPONDENT
4. 15 p.m. Coram: Before Onyancha, J. Mr. Kiume Kioko - for Applicant Miss Mwaniki – for Respondent Sango – Court Clerk Mr. Kioko
The body of Faiza Mohamed Swaleh has not been produced as she is in Pandya Hospital for medical treatment. I am prepared to have this court make an order varying the earlier so that the body of the said Faiza may be produced before the court of law tomorrow at 9 a.m. The court shall be the court of the Chief Magistrate or as she may direct. Until then I pray that she be ordered to stay where she is.
Mwaniki Be it so. D.A. ONYANCHA J U D G E
ORDER 1. The body of Faiza Mohamed Swaleh be produced in Mombasa Chief Magistrate’s Court or as she may direct on 19. 7.2002 at 9 a.m.
2. Until then, the said Faiza Mohamed Swaleh to stay at Pandya Hospital until she is produced as hereinabove ordered.
3. Costs in the cause.
Dated at Mombasa this 18th day of July, 2002. D. A. ONYANCHA J U D G E