Molyn Credit Limited & 2 others v Inspector General of Police & 3 others [2015] KEHC 1297 (KLR)
- Court
- High Court of Kenya
- Case number
- 1297
- Citation
- [2015] KEHC 1297 (KLR)
- Decided
- 13 November 2015
The petitioners have not been arrested or prosecuted, but have been summoned to the Criminal Investigations Department. The court found that summoning them does not amount to a violation of their rights under Articles 27, 29, and 47.
Facts
The petitioners claim a civil dispute with the Office of the President, which led to their summons to the Criminal Investigations Department. They allege that the respondents violated their rights under Articles 27 and 47 of the Constitution.
Issues
- Whether the petitioners have demonstrated a violation or threat of violation of any of their rights under Articles 27 and 47 of the Constitution.
- Whether summoning the directors of the 1st petitioner, the 2nd and 3rd petitioner, in connection with the alleged overpayment, amounts to a violation of their rights under Articles 27, 29 and 47.
Reasoning
The court considered the pleadings and submissions, and found that the petitioners have not been arrested or prosecuted. The summoning of the directors does not amount to a violation of their rights under Articles 27, 29, and 47.
Outcome
The petitioners' claims were dismissed.
Authorities cited
Legislation (6)
- Article 19
- Article 20
- Article 23
- Article 27
- Article 29
- Article 47
Cases cited (3)
- Isaac Ngugi vs Nairobi Hospital & 3 Others Petition No 407 of 2012
- Rose Wangui Mambo and Others vs Limuru Country Club Petition No. 160 of 2013
- Rosemary Wanja Mwagiru & 2 Others vs AG High Court Misc. Case No. 165 of 2011
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