[2009] KEHC 207 (KLR)
The court found that the applicant failed to provide essential details such as the date of arrest and the date of arraignment, and did not support the application with an affidavit. Without this information, the court could not determine whether the applicant's constitutional rights had been violated. Consequently,...
Source-derived case information.
- Citation
- [2009] KEHC 207 (KLR)
- Parties
- Applicant: Wilfred Gor John; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 68 of 2008
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Right to Liberty, Pre Trial Detention, Constitutional Petitions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Gor John
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's constitutional right to liberty under Section 72(3)(b) of the Constitution was violated by being held in police custody for over a fortnight.
- 2 Whether the application is supported by sufficient evidence to establish a violation of constitutional rights.
Ratio Decidendi
The court found that the applicant failed to provide essential details such as the date of arrest and the date of arraignment, and did not support the application with an affidavit. Without this information, the court could not determine whether the applicant's constitutional rights had been violated. Consequently, the application lacked merit and was dismissed. The court further directed that the underlying criminal case should proceed to hearing without further delay.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Mumias Criminal Case No. 250/2007 should proceed for hearing forthwith.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Miscellaneous Criminal Application 68 of 2008
WILFRED GOR JOHN...........................................APPLICANT
VERSUS
REPUBLIC.........................................................RESPONDENT
RULING
In his application filed on 22nd October, 2008, the Applicant seeks orders that the violation of his fundamental Constitutional rights to liberty be determined. The application is brought under Section 72 (3) (b) of the Constitution.
The Applicant states that he was kept in Police custody for over a fortnight contrary to the law. The application does not indicate when the applicant was arrested and when he was arraigned before the court.
This makes it impossible for this court to determine whether the applicant’s Constitutional rights were indeed violated. There is no affidavit in support of the application.
I find no merit in the application and the same is dismissed. The Mumias Criminal Case No. 250/2007 should proceed for hearing forthwith.
Delivered, dated and signed at Kakamega this 23rd day of September, 2009.
SAID J. CHITEMBWE
J U D G E