[2021] KEHC 12869 (KLR)
The court found that the respondents had not demonstrated compliance with the court order of 1st October, 2020, which specifically directed Kamiti Prison Hospital, or in case of incapacity, Kenyatta National Hospital, to provide medical treatment to the applicants. The court emphasized that it was not seeking an...
Source-derived case information.
- Citation
- [2021] KEHC 12869 (KLR)
- Parties
- Applicant: Sayed Mansour Mousari; Applicant: Ahmed Abofathi Mohamed; Respondent: Officer in Charge Kamiti Maximum Prison; Respondent: The Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E199 & E198 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Compliance With Previous Court Order Regarding Medical Treatment
- Outcome
- Order for extraction and service of previous court order; mention for compliance.
- Judges
- CJ Kendagor
- Legal Topics
- Prisoners Rights, Medical Treatment in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sayed Mansour Mousari
Applicant
Ahmed Abofathi Mohamed
Applicant
Officer in Charge Kamiti Maximum Prison
Respondent
The Director of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Compliance With Previous Court Order Regarding Medical Treatment
Legal Issues
- 1 Whether the respondents complied with the court order of 1st October, 2020 regarding the applicants' medical treatment.
- 2 Whether the applicants are entitled to enforcement of the said court order.
Ratio Decidendi
The court found that the respondents had not demonstrated compliance with the court order of 1st October, 2020, which specifically directed Kamiti Prison Hospital, or in case of incapacity, Kenyatta National Hospital, to provide medical treatment to the applicants. The court emphasized that it was not seeking an explanation of the general legal framework for prisoners' medical treatment, but rather evidence of compliance with its specific order. The court directed the Deputy Registrar to extract and serve the order on Kamiti Prison Hospital through the Commissioner General of Prisons and scheduled a mention to confirm compliance.
Court Disposition
Order for extraction and service of previous court order; mention for compliance.
Orders
- The Deputy Registrar is directed to extract the order of 1st October, 2020 and serve it on Kamiti Prison Hospital through the Commissioner General of Prisons.
- The matter will be mentioned on a date to be agreed with the parties to confirm compliance.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
MISC. CRIMINAL APPLICATION CASE NO. E199 OF 2020
LESIIT, J.
MISCELLANEOUS CRIMINAL APPLICATION NO. E199 OF 2020
AS CONSOLIDATED WITH MISC. Crim. APPL. NO. E198 OF 2020
SAYED MANSOUR MOUSARI......................................................1ST APPLICANT
AHMED ABOFATHI MOHAMED................................................2ND APPLICANT
VERSUS
OFFICER IN CHARGE KAMITI MAXIMUM PRISON......1ST RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTION..................2ND RESPONDENT
RULING
1. The Applicants through their Counsel Mr. Chacha Mwita wrote to court. In his letter dated 12th February, 2021 Counsel requested to have that this file placed before this court so as to raise the concerns of his clients.
2. When the matter came up before the court, Mr. Mwita informed the court that the purpose of requesting that the file be placed before court is to bring to the court’s attention the fact that orders made by the court in its ruling of 1st October, 2020 had not been complied with. The order is on record.
3. Mr. Ondimu Learned Prosecution Counsel, in his response urged that the question before the court concerned medical treatment of persons who are in custody. He then promptly referred the court to the affidavit of S. P. Japheth Muhandia dated 16th September, 2020 and the Kenya Prisons Standing Orders.
4. It is clear that Mr. Ondimu either never read the request by Mr. Mwita, or misdirected himself as to what matter or issue was before court.
5. The complaint by the Applicants is that the court order of 1st October, 2020 which spelt out in very clear terms what Kamiti Prison Hospital, or failing it in case of incapacity of whatever nature, Kenyatta National Hospital should do.
6. What I expected from Mr. Ondimu is not a lesson on what the Kenya Prison Standing Orders provide, which, if he read the ruling of this court of 1st October, 2020 he would have been advised that I am fully aware of the relevant provisions and the law touching on medical treatment of prisoners.
7. What this court wants to be shown is compliance of its order of 1st October, 2020 as set out in the court’s ruling of that date. For avoidance of doubt, I now direct the Deputy Registrar of this court to extract that order and serve it on Kamiti Prison Hospital, through the Commissioner General of Prisons.
8. The matter will be mentioned again on a date to be agreed with the parties to confirm compliance.
DATED AT NAIROBI THIS 11TH DAY OF MAY, 2021.
LESIIT, J.
JUDGE
DELIVERED THROUGH TEAMS ON 11TH MAY, 2021.
In the presence of:
Mr. Mwita for the Applicants
Ms Kimani for the Respondent
LESIIT, J.
JUDGE