Carolyne Murugi Ndwiga v Attorney General & 2 others [2013] KEHC 2193 (KLR)
- Court
- High Court of Kenya
- Case number
- 2193
- Citation
- [2013] KEHC 2193 (KLR)
- Decided
- 23 September 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPosturePetition for vindication of rightsCoramD.S. MAJAN
Holding
The violation of Article 49 of the Constitution is vindicated, and the petitioner is awarded Kshs 15,000 as general damages.
Facts
Petitioner was held in police custody at Kayole Police Station from 14th April 2013 to 17th April 2013, violating Article 49 of the Constitution.
Issues
- Whether the violation of Article 49 of the Constitution should be vindicated.
- What relief should be granted in the circumstances.
Reasoning
The violation was admitted, and the court declared it violated Article 49 (1)(f). The court awarded Kshs 15,000 as general damages.
Outcome
Petitioner's rights were vindicated, and she was awarded Kshs 15,000 as general damages.
Orders
- I declare that the petitioner's rights were violated contrary to Article 49 (1)(f) when she was held at Kayole Police Station from 14th April 2013 to 17th April 2013.
- I award the petitioner the sum of Kshs 15,000.00 as general damages.
Remedies
- Declaration of violation
- General damages of Kshs 15,000.00
Authorities cited
Legislation (2)
- Article 49 of the Constitution
- Section 339(1) of the Penal Code
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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