REPUBLIC V CHIEF MAGISTRATE MOMBASA EX-PARTE MOHAMED TWAHIR MOHAMED [2002] KEHC 917 (KLR)
- Court
- High Court of Kenya
- Case number
- 917
- Citation
- [2002] KEHC 917 (KLR)
- Decided
- 5 February 2002
AI Summary
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TypeCivil ApplicationPostureApplication for leave to file Review Judicial Proceedings for Orders of Certiorari, Prohibition and MandamusCoramD.A. ONYANCHA
Holding
The application is certified as urgent and leave is granted to file an application for orders of Certiorari, Prohibition and Mandamus against the order and ruling of the Chief Magistrate.
Facts
The applicant was arrested by the Chief Magistrate in Criminal Case No.286 of 2002, and the applicant claims this arrest was in violation of an order from the High Court restraining the arrest of the applicant.
Issues
- Challenge of the Chief Magistrate's powers to issue an arrest warrant
- Violation of the High Court's restraining order
Reasoning
The application raises an important issue of the challenge of the court's powers, and all requirements under O.53 of the Civil Procedure Act have been met.
Outcome
The application is certified as urgent and leave is granted to file an application for orders of Certiorari, Prohibition and Mandamus.
Orders
- This application is certified as urgent as prayed.
- Leave is granted to the Applicant to file an application for orders of Certiorari, Prohibition and Mandamus.
- This leave operates as a stay of the order granting the Warrant of Arrest and the Warrant of Arrest itself against the Applicant.
- Proceedings in Cr. Case No.286 of 2002 are pending the filing, the hearing and final determination of the applications filed or to be filed as hereinabove granted.
Remedies
- Stay of the order granting the Warrant of Arrest and the Warrant of Arrest itself against the Applicant.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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