[2024] KEHC 3563 (KLR)
The court found that the applicant, having failed to appear or demonstrate an intention to prosecute the application for habeas corpus, was deemed to have lost interest in the matter. The legal right to seek habeas corpus requires the applicant to actively move the court. In the absence of such action, and with no...
Source-derived case information.
- Citation
- [2024] KEHC 3563 (KLR)
- Parties
- Applicant: Olayiwola Saheed Tunde; Respondent: Inspector General of Police; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E081 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Habeas Corpus Application
- Outcome
- application dismissed for want of prosecution
- Judges
- LN Mutende
- Legal Topics
- Habeas Corpus, Unlawful Detention, Right to Fair Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Olayiwola Saheed Tunde
Applicant
Inspector General of Police
Respondent
Director of Public Prosecutions
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Habeas Corpus Application
Legal Issues
- 1 Whether the applicant is entitled to a writ of habeas corpus for alleged unlawful detention.
- 2 Whether the continued detention of the applicant without trial is justified.
- 3 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant, having failed to appear or demonstrate an intention to prosecute the application for habeas corpus, was deemed to have lost interest in the matter. The legal right to seek habeas corpus requires the applicant to actively move the court. In the absence of such action, and with no representation at the scheduled hearings, the court exercised its discretion to dismiss the application for want of prosecution. The court did not make a determination on the merits of the alleged unlawful detention or risk of deportation, as the procedural failure by the applicant precluded substantive consideration.
Court Disposition
application dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
25 paragraphs
Tunde v Inspector General of Police & another (Miscellaneous Application E081 of 2024) [2024] KEHC 3563 (KLR) (Civ) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3563 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Application E081 of 2024
LN Mutende, J
April 15, 2024
Between
Olayiwola Saheed Tunde
Applicant
and
Inspector General of Police
1st Respondent
Director of Public Prosecutions
2nd Respondent
Ruling
1. The applicant herein approached this court on 15th March, 2024 seeking a writ of habeas corpus directed to the 1st and 2nd respondents to have the body of Olayiwola Saheed Tunde produced within 24 hours.
2. The application is premised on grounds that the applicant has been held in custody since 13th March, 2024 and is at the risk of being deported arbitrarily through coercion without being accorded a fair trial.
3. That the respondents have no reasonable excuse for the continued detention of the applicant.
4. Directions requiring service of the application upon the respondents were given on 19th March, 2024. When the matter came up on 21st March 2024 Counsel for the applicant did not turn up. Consequently the matter was given today’s date and similarly there was no representation.
5. The legal right to apply for the writ of habeas corpus lay with the applicant who was expected to move the court. Having failed to demonstrate the intention to move the court as expected the interest is deemed to have diminished.
6. In the premises the application is dismissed for want of prosecution.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 15TH DAY OF APRIL, 2024. L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Wafula for ODPPCourt Assistant - Gladys