Hussein Khalid and 16 others v Attorney General & 2 others [2014] KEHC 8198 (KLR)
- Court
- High Court of Kenya
- Case number
- 8198
- Citation
- [2014] KEHC 8198 (KLR)
The arrest was justified without a warrant as the offenses fall under the First Schedule of the Criminal Procedure Code, and the arrest was made with reasonable grounds.
Facts
Petitioners organized and participated in a peaceful demonstration to protest alleged attempts by members of the National Assembly to remove Commissioners of the Salaries and Remuneration Commission from office. The demonstration was disrupted when pigs were released and blood was spilled, leading to a confrontation with police.
Issues
- Whether the arrest and detention of the petitioners violated their constitutional rights
- Whether the arrest was illegal due to lack of warrant
Reasoning
The court found that the offenses of offensive conduct and riot were covered by the First Schedule, which allows arrests without warrants. The court also noted that the arrest was made with reasonable grounds.
Outcome
Affirming the decision to allow the criminal charges
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Prevention of Cruelty to Animals Act
Cases cited (2)
- Kulei vs AG and Others [2014] eKLR
- Dillion v O'Brien and Davis (1887) 16 Cox CC 245
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