William Baraka Mtengo v Attorney General & 3 others [2018] KEHC 2607 (KLR)
- Court
- High Court of Kenya
- Case number
- 2607
- Citation
- [2018] KEHC 2607 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Constitutional ReviewPostureRespondents filed search warrants, Petitioner filed a Petition seeking a declaration and challenging the constitutionality of the warrants.CoramMogoeng, Onguto, Osiemo, Waki
Holding
The search warrants were valid and issued by a court with competent jurisdiction. The Petitioner's rights were not violated.
Facts
Search warrants were issued by a magistrate for the investigation of forgery of academic certificates. The Petitioner filed a Petition under Articles 10(2), 27, 28, 29, 31, 36, 38, 47 and 260 of the Constitution of Kenya 2010.
Issues
- The constitutionality of issuing search warrants ex parte.
- Whether the Petitioner's rights were violated.
- The powers of the 2nd Respondent to investigate and whether they acted ultra vires the said powers.
Reasoning
The court found that the search warrants complied with the statutory requirements and were issued by a court with authority. The supporting affidavit contained sufficient information, and the terms of the warrants were clear.
Outcome
The Petition was dismissed.
Authorities cited
Legislation (2)
- Criminal Procedure Code (CPC) Cap 75 Laws of Kenya
- Search Warrant Section 118 CPC
Cases cited (2)
- Okiya Omtatah Okoiti & 2 others v Attorney General & 4 others [2018] eKLR
- Minister of Safety and Security vs Van der Merwe & others 2011 (5) 61 (CC)
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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