AOO & 6 others v Attorney General & another (Petition 570 of 2015) [2017] KEHC 6022 (KLR) (Constitutional and Human Rights) (12 May 2017) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6022
- Citation
- [2017] KEHC 6022 (KLR)
- Decided
- 12 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Human RightsPosturePetition for Constitutional ReviewCoramJM MATIVO
Holding
The court declared sections 25(2) and (3) of the Penal Code unconstitutional and ordered the release of the second to seventh petitioners unless otherwise lawfully held.
Facts
The petitioners were convicted of offenses committed before the promulgation of the 2010 Constitution, and were sentenced to detention at the President's pleasure under sections 25(2) and 25(3) of the Penal Code.
Issues
- unconstitutionality of detention at the President's pleasure under sections 25(2) and 25(3) of the Penal Code
- violation of separation of powers
- interpretation of the Constitution and international instruments
Reasoning
The court found that the provisions violated the Constitution and international conventions, and that the periods served by the petitioners were not the shortest appropriate time.
Outcome
The court declared sections 25(2) and (3) of the Penal Code unconstitutional and ordered the release of the petitioners.
Orders
- Declaration that sections 25(2) and (3) of the Penal Code are unconstitutional
- Order for the release of the second to seventh petitioners unless otherwise lawfully held
- Directive to the Hon. Attorney General and Parliament to enact necessary amendments
Remedies
- Declaration of unconstitutionality
- Release of petitioners
Authorities cited
Legislation (2)
- Penal Code (Cap 63)
- Constitution of Kenya
Cases cited (3)
- Attorney General v Silver Springs Hotel Ltd and others SCCA No 1 of 1989
- Susan Kigula & 416 others v Attorney General, Constitutional Petition No 6 of 2003-Uganda
- Mombasa Civil Case No 97 of 2001
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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