Republic vs THE COMMISSIONER OF POLICE Ex Parte SALMIN MOHAMED HAMISI [2003] KEHC 283 (KLR)
- Court
- High Court of Kenya
- Case number
- 283
- Citation
- [2003] KEHC 283 (KLR)
- Decided
- 8 July 2003
The applicant is being held unlawfully and unconstitutionally. The Commissioner of Police or his agents and or his representatives within whose jurisdiction the applicant is being held is or are directed to release the applicant unconditionally without further delay unless lawfully held.
Facts
Khadija Salmin, on behalf of Salmin Mohammed Khamis, sought for three orders to issue against the Commissioner of Police or his agents and representatives in the Coast Province. The applicant was being held for questioning on suspicion of involvement in terrorist bombing incidences.
Issues
- Whether the applicant was unlawfully detained
- Whether the applicant's rights under the constitution have been infringed
Reasoning
The court found that the applicant was unlawfully held and violated his fundamental rights and freedoms. The court directed the applicant to be released unconditionally.
Outcome
The application was dismissed.
Orders
- The applicant is directed to be released unconditionally without further delay unless lawfully held.
Authorities cited
Legislation (1)
- Constitution of Kenya
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