Thomas Bazaar v Inspector General of Police & 6 others [2017] KEHC 8527 (KLR)
- Court
- High Court of Kenya
- Case number
- 8527
- Citation
- [2017] KEHC 8527 (KLR)
The arrest of the Petitioner was not unconstitutional as the National Police Service has a constitutional obligation to investigate complaints and apprehend the person responsible.
Facts
Petitioner Thomas Bazaar was arrested by police officers and taken to Kilimani Police Station upon a complaint being filed against him by the 7th Respondent Owen Muindi. The Petitioner claimed he was coerced into entering into agreements with the 5th, 6th, and 7th Respondents for the importation of motor vehicles.
Issues
- Whether the arrest and alleged coercion violated the Petitioner's fundamental rights and freedoms as enshrined in the Constitution.
Reasoning
The arrest was not a violation of the Constitution because the National Police Service has the duty to prevent and investigate crime and apprehend offenders. The Criminal Procedure Code allows concurrent proceedings of both criminal and civil nature.
Outcome
Affirmed
Authorities cited
Legislation (2)
- National Police Service Act
- Criminal Procedure Code
Cases cited (3)
- Dr. Alfred Mutua vs Ethics and Anti-Corruption Commission and 4 others Petition No. 310 of 2015
- Joshua Kulei v Attorney General Petition No. 65 of 2010
- Trusted Society of Human Rights v Mumo Matemu and Another Petition No. 279 of 2012
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