ADEL MOHAMMED ABDULKADER AL-DAHAS v COMMISSIONER OF POLICE & ANOTHER [2003] KEHC 18 (KLR)
- Court
- High Court of Kenya
- Case number
- 18
- Citation
- [2003] KEHC 18 (KLR)
- Decided
- 10 December 2003
The court ordered the 1st respondent to appear in person or by advocate with the original of any warrant or order for the detention of the applicant to show cause why the applicant should not be released forthwith. The respondents were also directed to hand over the applicant to the interested party, the UNHCR, forthwith.
Facts
The applicant, Adel Mohammed Abdulkader Al-Dahas, is an Iraqi national who has been unlawfully detained in police custody for an inordinately long period without charge. He claims refugee status and argues that he should be in the custody of the United Nations High Commissioner for Refugees (UNHCR).
Issues
- Unlawful detention
- Refugee status
- Fundamental rights
- Violation of Constitution and international human rights instruments
Reasoning
The court found that the applicant's detention was unlawful and that he has already been accorded refugee status by the UNHCR. The court ruled in favor of the applicant's release and handed him over to the UNHCR.
Outcome
Granted
Orders
- Summon the 1st respondent to appear in person or by advocate with the original of any warrant or order for the detention of the applicant to show cause why the applicant should not be released forthwith.
- Hand over the applicant to the interested party, the UNHCR, forthwith.
Remedies
- Release of the applicant
- Handing over the applicant to the UNHCR
Authorities cited
Legislation (3)
- Criminal Procedure Code (Cap 75)
- Criminal Procedure (Directions in the Nature of Habeas Corpus) Rules
- High Court (Practice and Procedure) Rules
Loading judgment…