Masoud Bwika v Attorney General & another ex-parte Obaidul Haque & 62 others [2005] KEHC 2238 (KLR)
- Court
- High Court of Kenya
- Case number
- 2238
- Citation
- [2005] KEHC 2238 (KLR)
- Decided
- 25 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeHabeas CorpusPostureRespondents sought an extension of the applicants' detention while investigations were conducted.CoramJ. W. MWERA
Holding
The court granted the respondents' request for an extension of the applicants' detention for ten days to complete the investigations.
Facts
The applicants are Bangladeshi nationals arrested on May 13, 2005, and are still in custody. They claim their fundamental rights were breached as no charges have been preferred against them.
Issues
- Whether the applicants' detention is lawful while investigations are ongoing.
- Whether the respondents can extend the applicants' detention for ten days while investigations are conducted.
Reasoning
The court acknowledged the ongoing investigations and the need for further evidence, but also noted the applicants' right to be brought before a court within 24 hours of arrest.
Outcome
The applicants' detention was extended for ten days.
Orders
- Extension of the applicants' detention for ten days to complete the investigations.
Authorities cited
Legislation (1)
- Section 389 of the Criminal Procedure Code
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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