REPUBLIC v CAESAR NJAGI [2012] KEHC 2214 (KLR)
- Court
- High Court of Kenya
- Case number
- 2214
- Citation
- [2012] KEHC 2214 (KLR)
- Decided
- 28 September 2012
The court holds that it is not necessary for this court to investigate and answer the questions posed to this court by the lower court. Instead, the lower court should proceed to prepare and deliver judgment in Kitui PM Criminal Case No. 274 of 2006.
Facts
The accused was not arraigned before court within the prescribed period and was unlawfully held in police custody for seven days.
Issues
- Whether the accused's constitutional rights under section 72 of the old Constitution were violated.
- Whether a subordinate court can dispose of an issue of violation of an accused's rights under section 72 by following established decisions of superior courts.
Reasoning
The court follows the decision in Julius Kamau Mbugua v Republic (2010) eKLR, which states that breach of an accused's constitutional rights prior to being arraigned in court does not exonerate the accused from the crime or crimes that he stands charged with.
Outcome
The lower court's decision on the constitutional issues is upheld, and the case is remanded for the lower court to prepare and deliver judgment.
Orders
- The lower court should proceed to prepare and deliver judgment in Kitui PM Criminal Case No. 274 of 2006.
Authorities cited
Legislation (2)
- Section 72 of the old Constitution
- Section 84(3) of the Constitution (now repealed)
Cases cited (2)
- Republic v Amos Karuga Karatu (Nyeri High Court Criminal Case No. 12 of 2006)
- Republic v George Muchoki Kungu (Nairobi High Court Criminal Case No. 49 of 2007)
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