Republic v Samuel Ndunda Mutunga & another [2013] KEHC 6784 (KLR)
- Court
- High Court of Kenya
- Case number
- 6784
- Citation
- [2013] KEHC 6784 (KLR)
- Decided
- 7 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for revision of trial court's orderCoramEmukule
Holding
The application is found to have merit and is allowed.
Facts
The Republic sought revision of an order granting the 1st and 2nd Respondents access to contract documents obtained by the police during the investigation of a criminal case.
Issues
- Proper use of evidence obtained during investigation
- Right to refuse self-incriminating evidence
Reasoning
The court found the trial court's order improper as it would defeat the end of justice by releasing the documents before the prosecution could use them in evidence.
Outcome
Application allowed
Authorities cited
Legislation (1)
- Criminal Procedure Code
Cases cited (4)
- Article 50(2)(l) of the Constitution
- Article 50(2)(k) of the Constitution
- Article 71(1) of the Constitution
- Article 77(7) 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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