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notice of motion for habeas corpus

This document is a petition for habeas corpus filed by Mr. Mali Yamungu against the Inspector General of Police and the Attorney General in the High Court of Kenya. The petitioner claims unlawful detention since September 22, 2016, without being presented before a court, and seeks urgent orders for release on bail and declaration of rights infringement. The application is supported by an affidavit and outlines the grounds for the petition, emphasizing the potential harm to the applicant's rights.

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29 views

notice of motion for habeas corpus

This document is a petition for habeas corpus filed by Mr. Mali Yamungu against the Inspector General of Police and the Attorney General in the High Court of Kenya. The petitioner claims unlawful detention since September 22, 2016, without being presented before a court, and seeks urgent orders for release on bail and declaration of rights infringement. The application is supported by an affidavit and outlines the grounds for the petition, emphasizing the potential harm to the applicant's rights.

Uploaded by

solomonofficially
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT HOMABAY

PETITION NO…. of…... 2016

IN THE MATTER OF article 21(1)

IN THE MATTER OF ALLEGED CONTRAVENTION OF RIGHTS OR FUNDAMENTAL


FREEDOMS UNDER ARTICLE (art.25(D),51(2),)

AND

IN THE MATTER OF THE CONSTITUTION OF KENYA (PROTECTION OF THE RIGHTS


AND FUNDAMENTAL FREEDOMS) PRACTICEPRECTICEAND PROCEDURE RULES, 2013

AND

IN THE MATTER OF SECTION 389 OF THE CRIMINAL PROCEDUREPROCUDURE


CODE CHAPTER 75 OF LAWS OF KENYA

AND

IN THE MATTER OF CRIMINAL PROCEDUREPROCUDURE(DIRECTION IN THE


NATURE OF HABEAS CORPUS) RULES

MR MALI YAMUNGU …….………………………………….............................................PETITIONER

- VERSUS –

INSPECTORGENERALOFPOLI....................................................................................1STRESPODENT

ATTORNEY GENERAL………………………………………………………… … …....2ND RESPONDENT


(Being an application for habeas corpus pending
hearing and determination of the intended
petition.)

NOTICE OF MOTION
(UNDER ORDER 19A OF THE CONSTITUTION OF KENYA (PROTECTION OF
THERIGHTS AND FUNDAMENTAL FREEDOMS) PRACTICEPRECTICEAND
PROCEDURE RULES, 2013 AND any enabling provision)

TAKE NOTICE that on the day of 2016 at


9.00 o’clock in the forenoon or as soon thereafter as they can
be heard. martins& Co, Advocates for the above named
Applicants will move this Honourable Court FOR ORDERS:

1. THATthis Application be certified urgent.


2. Pending the hearing of this application interpartes, and
determination of this application the 1st respondent
directed to release the applicant on bail on such terms
and conditions as the court deems fits to grant.
3. Pending hearing and determination of this petition 1ST
respondent directed to release the applicant on bail on
such terms and conditions as the court deems fits to
grant.
4. The court to declare that the applicant’s rights under
the constitution have been or are about to be infringed
5. Costs of the Application are granted to the Applicants.
WHICH APPLICATION is based on the grounds set out
below and supported by the annexed sworn affidavit of Ms
Hamadi and such other grounds and dispositions to be
adduced and the hearing of the Application.

GROUNDS OF APPLICATION:

1. The Applicants was taken into custody by Respondent


officer on 22nd day of September of June 2016.
2. The Applicants has since then not been taken before a
court of law to answer to any charge or charges orto
prove his innocence thereof.
3. The Applicant has been in unlawful custody for the last
3 months.
4. The Respondent has no lawful reason to continue
detaining the applicant in custody
5. The continued detention of the applicant in custody of
the respondents or his agent or representative is
injurious to the constitutional rights of the applicants.
6. It is feared that the applicant in the hands of the
respondents, his agent or representative has suffered
harm, may suffer or will suffer harm or is suffering
harm or more harm.
AND is further grounded on affidavits of MsHamadi and
further grounds to be adduced at hearing hereof.
Dated at Nairobi this day of 2 September 2016.

Martins& CO.ADVOCATES

FOR THE APPLICANTS

DRAWN & FILED BY;


MARTINS& CO ADVOCATES,
KOCH G BUILDING, 1ST FLOOR,
KUNDAR HIGHWAY,
P.O BOX 001-00100,
NAIROBI.
TO BE SERVED UPON;
INSPECTOR GENERAL OF POLICE
JOGOO HOUSE A
TAIFA ROAD
P.O BOX 44241- 0010
NAIROBI
[email protected]
NAIROBI.

If any person served does not appear at the time and place
abovementioned such orders shall be made and proceedings
taken as the court deems just and expedient

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