SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Peter Amina Ndar v Attorney General & another [2017] KEHC 9487 (KLR)

[2017] KEHC 9487 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
9487
Citation
[2017] KEHC 9487 (KLR)
Decided
19 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Unlawful Arrest and False ImprisonmentPosturePetition filed against the Attorney General and the interested partyCoramHON. JUDGE
Holding

The court finds the petitioner's allegations unsubstantiated due to contradictions in his pleadings and evidence.

Facts

The petitioner was arrested by 8 police officers on 1st March 2014 and held at Makongeni Police Station until 5th March 2014 without being arraigned in court. The petitioner claims this violated his constitutional rights.

Issues

  1. Unlawful arrest and false imprisonment
  2. Violation of constitutional rights

Reasoning

The court considers the contradictory statements in the petition and supporting affidavits, finding the petitioner's evidence insufficient to prove the alleged unlawful arrest and detention.

Outcome

The petition is dismissed

Authorities cited

Legislation (4)
  • Article 10 of the Constitution
  • Article 23 of the Constitution
  • Article 28 of the Constitution
  • Article 49(1)(f) of the Constitution
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case