REPUBLIC v ANTHONY KIMANDO & ANOTHER [2009] KEHC 1399 (KLR)
- Court
- High Court of Kenya
- Case number
- 1399
- Citation
- [2009] KEHC 1399 (KLR)
- Decided
- 27 October 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPostureApplication for declaration that charge is oppressive, discriminative, unconstitutional and null and void for violation of constitutional rights to a fair trialCoramD. K. MARAGA
Holding
The application is dismissed as the accused's constitutional rights were violated by the police, but the charge is not dismissed as the accused are charged with murder.
Facts
The accused were arrested on 26th December 2006 and not brought to court until 26th February 2007. The police claimed the accused were beaten and admitted to hospital.
Issues
- violation of constitutional rights to a fair trial
- violation of constitutional right to life
Reasoning
The court finds the delay in bringing the accused to court violated their constitutional rights, but dismisses the application as the accused are charged with murder and justice demands the killers be punished.
Outcome
Application dismissed
Authorities cited
Legislation (4)
- Section 203 of the Penal Code
- Section 204 of the Penal Code
- Section 70 of the Constitution
- Section 72(3)(b) of the Constitution
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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