Republic v Attorney General & 4 others Ex parte Anne Mwende & another [2017] KEHC 7131 (KLR)
- Court
- High Court of Kenya
- Case number
- 7131
- Citation
- [2017] KEHC 7131 (KLR)
- Decided
- 24 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for mandamusCoramGoudie
Holding
The court ordered the Inspector General of Police to lodge an inquiry into the shooting incident
Facts
The applicant, Anne Mwende, was shot by a police constable while reporting a loss of her identity card at Reuben Police Post on October 23, 2006. She sustained severe spinal injuries and was admitted to Kenyatta National Hospital for 3 days.
Issues
- Whether the Inspector General of Police should be compelled to lodge an inquiry into the shooting incident
- Whether the applicant has a legal right to be given written reasons for the administrative action
Reasoning
The court held that the applicant has a right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. The court also cited Article 47 of the Constitution and previous judicial decisions to support the issuance of a mandamus order.
Outcome
The Inspector General of Police was ordered to lodge an inquiry into the shooting incident
Orders
- Order for mandamus to compel the Inspector General of Police to lodge an inquiry into the shooting incident
Remedies
- Lodging an inquiry into the shooting incident
Authorities cited
Legislation (1)
- Article 47 of the Constitution
Cases cited (2)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others (supra)
- Shah vs. Attorney General (No. 3) Kampala HCMC No. 31 of 1969 (1970) EA 543
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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