REPUBLIC v PATRICK MZUNGU ATETUA [2009] KEHC 2012 (KLR)
- Court
- High Court of Kenya
- Case number
- 2012
- Citation
- [2009] KEHC 2012 (KLR)
- Decided
- 28 September 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminalPosturePreliminary objection to the proceedingsCoramFRED A. OCHIENG
Holding
The delay of one day is not a violation of the accused's constitutional rights.
Facts
The accused was arrested on 30th April 2008 and was taken to court on 15th May 2008, one day later than the 14-day period stipulated by the Constitution.
Issues
- Computation of time
- Violation of constitutional right to be tried within a reasonable time
Reasoning
The court applies the Interpretation and General Provisions Act to exclude the day of arrest from the computation of the 14 days, and the 14th of May 2008 was not an excluded day. The court finds that the accused was brought to court within a reasonable time.
Outcome
The trial will proceed to its logical conclusion.
Authorities cited
Legislation (2)
- Section 72 (3) of the Constitution
- Section 57 (a) and (c) of the Interpretation and General Provisions Act
Cases cited (4)
- ELIUD NJERU NGANGA V REPUBLIC
- ALBANUS MWASIA MUTUA VS REPUBLIC
- DOMINIC MUTIE MWALIMU VS REPUBLIC
- PAUL MWANGI MURUNGA VS REPUBLIC
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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