Eddah Wanjiru Mbiyu v Republic [2012] KEHC 2265 (KLR)
- Court
- High Court of Kenya
- Case number
- 2265
- Citation
- [2012] KEHC 2265 (KLR)
- Decided
- 21 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Review of BondPostureApplication for Review of BondCoramH.A. OMONDI, Miss Opiyo, Mr. Omari
Holding
The application is dismissed as the applicant has attempted to patch up the loopholes pointed out in the judge's decision and the provisions of the Constitution were not considered.
Facts
The applicant, Edda Wanjiru Mbiyu, seeks the release of her passport for a period of 21 days to enable her travel to the United Kingdom with her daughter, Marion Michelle, who has been admitted to Keele University.
Issues
- Whether the court's decision to deny the release of the applicant's passport is appealable
- Whether the applicant has presented new evidence that would persuade the court to grant the application
Reasoning
The judge's decision was based on the applicant's daughter being old enough to travel on her own and find a place to settle in the UK. The court gave bond on certain terms deemed reasonable in honour of the Constitutional provisions.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Article 149 of the Constitution
- Article 24(1) of the Constitution
- Article 39(2) 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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