REPUBLIC V ISAYA AYIE ADENYO [2008] KEHC 3058 (KLR)
- Court
- High Court of Kenya
- Case number
- 3058
- Citation
- [2008] KEHC 3058 (KLR)
- Decided
- 29 April 2008
The court found that the accused was detained for over 48 hours without charge, which was unconstitutional and violated the accused's fundamental rights and freedoms.
Facts
The accused was charged with stealing and was arrested on 21st August, 2007. He was released on a bond of Kshs.150,000/= plus one surety in like sum. The hearing was fixed on 5th October, 2007, but the accused's advocate raised a Constitutional issue concerning arrest and detention of the accused in police cells for over 48 hours before he was arraigned in court.
Issues
- whether the arrest and detention of the accused person without charge for over 48 hours was constitutional
- whether the accused person’s fundamental rights and freedom were abrogated
- whether the criminal trial in light of arrest and detention without charge was constitutional
- the legality and/or constitutionality of breach of section 72(3) and (5) of the Constitution
Reasoning
The court held that the accused was detained for over 48 hours without charge, which was a clear abuse of the provisions of section 72(3)(b) of the constitution. The burden of proving that the accused has been brought before a court as soon as is reasonably practicable rests upon any person alleging that the provisions of the sub-section have been complied with.
Outcome
The court found in favor of the accused.
Orders
- The court ordered the Chief Magistrate's Court to expunge the charge sheet and the accused to be released from custody.
Remedies
- Expunge the charge sheet and release the accused from custody.
Authorities cited
Legislation (1)
- Section 72(3)(b) of the Constitution of Kenya
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