Selehaddin Gulen v Inspector General of Police & 5 others [2021] KEHC 7278 (KLR)
- Court
- High Court of Kenya
- Case number
- 7278
- Citation
- [2021] KEHC 7278 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks leave to quash the decision of DPP to institute extradition proceedings against the applicantCoramMary Kasango
Holding
The preliminary objection is dismissed, and the Chamber Summons is granted with leave to quash the decision of DPP to institute extradition proceedings.
Facts
Gulen traveled from New York to Nairobi and was arrested at JKIA due to a Red Notice alert issued by Interpol. DPP sought an order for Gulen to deposit his passport and travel documents in court.
Issues
- sub judice rule applicability
- leave to quash extradition decision
Reasoning
The court ruled that the matter in controversy is the same as the earlier suit filed before the Chief Magistrate's court, and thus sub judice does not apply.
Outcome
The application for leave to quash the extradition decision is granted.
Orders
- leave to quash the decision of DPP to institute extradition proceedings
- stay of the said proceedings
- prohibition against arresting and deporting Gulen
- compelling the release of Gulen's passport and other travel documents
- costs of the Chamber Summons shall abide with the outcome of the substantive Judicial Review application
Remedies
- leave to quash extradition decision
- stay of extradition proceedings
- prohibition against deportation
- release of passport and travel documents
- costs
Authorities cited
Legislation (6)
- Law Reform Act Cap 26
- Civil Procedure Rules 2010
- Constitution of Kenya 2010
- Fair Administrative Actions Act 2013
- Kenya Citizenship and Immigration Act 2011
- Extradition (Contiguous and Foreign Countries Act)
Cases cited (2)
- Republic v Paul Kihara Kariuki, Attorney General & 2 Others Ex Parte Law Society of Kenya (2020) EKLR
- Kenya National Commission on Human Rights v Attorney General, Independent Electoral and Boundaries Commission & 16 Others (Interested Parties) (2020) EKLR
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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