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CLEOPHAS JUMA v REPUBLIC [2009] KEHC 231 (KLR)

[2009] KEHC 231 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
231
Citation
[2009] KEHC 231 (KLR)
Decided
23 September 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication dismissedCoramSAID J. CHITEMBWE
Holding

Application is dismissed

Facts

The applicant was detained in police custody for over a fortnight before being charged in court. He seeks production of the Occurrence Book of Mumias Police Station dated 9th/10th November, 2006.

Issues

  1. Violation of constitutional rights to liberty
  2. Determination of detention period

Reasoning

The application is dismissed as the application and supporting affidavit do not indicate when the applicant was arrested and when he was arraigned before the court, making it impossible to determine whether the applicant's constitutional rights were violated.

Outcome

Application dismissed

Authorities cited

Legislation (1)
  • 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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