Republic v Chief Executive Officer, Independent Policing Oversight Authority & 2 others Ex parte Harish Kanji Patel [2019] KEHC 8438 (KLR)
- Court
- High Court of Kenya
- Case number
- 8438
- Citation
- [2019] KEHC 8438 (KLR)
- Decided
- 10 April 2019
The Court finds that the Independent Policing Oversight Authority has not fulfilled its statutory duties and has not acted on the ex parte Applicant's complaint.
Facts
The ex parte Applicant claims that police officers from Langata Police Station picked him from Buffalo Bar, threatened him, forced him to sign cheques and a 'commitment', and denied him access to legal representation. He subsequently requested the Independent Policing Oversight Authority to investigate his case, but no response was received.
Issues
- Whether the Respondents' actions merit the issue of the remedy of mandamus
- Whether the Independent Policing Oversight Authority has fulfilled its statutory duties
Reasoning
The Court of Appeal's decision in Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others established that an order of mandamus will compel the performance of a public duty imposed by statute. The Court found that the 1st Respondent has not acted on the ex parte Applicant's complaint.
Outcome
The Court orders the 1st Respondent to investigate the ex parte Applicant's complaint and take appropriate remedial action.
Orders
- Order the 1st Respondent to investigate the ex parte Applicant's complaint and take appropriate remedial action
Remedies
- Order the 1st Respondent to investigate the ex parte Applicant's complaint and take appropriate remedial action
Authorities cited
Legislation (2)
- Independent Policing Oversight Authority Act
- Constitution of Kenya Article 23(3)(f)
Cases cited (1)
- Republic vs Kenya National Examinations Council exparte Gathenji and 9 Others, [1997] eKLR
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