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REPUBLIC v STEPHEN KIPNGETICH TERER [2010] KEHC 2384 (KLR)

[2010] KEHC 2384 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2384
Citation
[2010] KEHC 2384 (KLR)
Decided
6 May 2010
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureApplication for orders that constitutional rights were breached and continued detention violatedCoramP.M. MWILU
Holding

The application is dismissed as the delay was not unreasonable and the accused suffers no prejudice.

Facts

The accused was arrested on 31 May 2005 and was first arraigned in court on 14 July 2005. He took plea on 21 July 2005, and was held for one month beyond the 14-day limit.

Issues

  1. Whether the accused's constitutional rights were breached by being held beyond 14 days
  2. Whether the accused's continued detention violated his constitutional rights

Reasoning

The court accepted the reasons for the delay and found it not unreasonable. The accused's constitutional rights were not breached, and the law must take its course.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Constitution of Kenya
  • Law of Evidence
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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