ADEL MOHAMED ABDULKADER AL-DAHAS v ATTORNEY GENERAL & 2 OTHERS [2007] KEHC 3710 (KLR)
- Court
- High Court of Kenya
- Case number
- 3710
- Citation
- [2007] KEHC 3710 (KLR)
- Decided
- 1 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutionalPostureApplication for declarations under Section 84 of the ConstitutionCoramM., Shields
Holding
The continued detention of the applicant is unconstitutional as it violates Section 70(a) of the Constitution.
Facts
The applicant, Adel Mohammed Abdukader Al-Dahas, was detained at Kileleswa Police Station after being declared a prohibited immigrant by the Minister of State. The Minister's declaration was based on information considered reliable by the Minister, and the applicant was not a Kenyan citizen.
Issues
- Whether Section 3 of the Immigration Act is inconsistent with Section 70(a) of the Constitution
- Whether Section 8 of the Immigration Act is inconsistent with Section 70(a) of the Constitution
Reasoning
The court found that the applicant's continued detention was contrary to the provisions of Section 70(a) of the Constitution, which guarantees the right to life, liberty, and security of the person.
Outcome
The court declared that the continued detention of the applicant is unconstitutional.
Authorities cited
Legislation (2)
- Constitution of Kenya
- Immigration Act
Cases cited (1)
- MARETE v. Attorney-General
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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