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

Samuel Murigi Waigwa v Director of Criminal Investigations & 3 others [2019] KEHC 2474 (KLR)

[2019] KEHC 2474 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2474
Citation
[2019] KEHC 2474 (KLR)
Decided
31 October 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents' OppositionCoramAnother Korir
Holding

The petition is dismissed as it does not plead constitutional violations with a reasonable degree of precision.

Facts

Petitioner seeks to restrain the 4th Respondent from charging him with forgery and forceful detainer and prohibit the Respondents from investigating him. Petitioner alleges harassment and intimidation by the 1st Respondent.

Issues

  1. Whether the Respondents have violated any of the petitioner’s rights?
  2. Whether the 1st Respondent’s actions are fair, legal or undertaken within the prescribed legal provisions and standards of law?
  3. Whether the petitioner is entitled to the orders sought?

Reasoning

The petition fails to specify which constitutional articles the petitioner claims are violated and how the alleged violations occurred. The court finds the petition frivolous and not in compliance with the principles set out in Annarita Karimi Njeru vs The Republic (1976-1980) KLR 1272.

Outcome

Petition dismissed

Authorities cited

Legislation (3)
  • Constitution of Kenya 2010
  • Penal Code
  • National Police Service Act No 11A of 2011
Cases cited (1)
  • Annarita Karimi Njeru vs The Republic (1976-1980) KLR 1272
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