The application dated 15th October 2024 is not opposed by the Respondent
The applicant is an advocate of this court and he seeks protection from harassment by the police in terms of prayers 5 & 6 of the Notice of Motion.
He seeks a conservatory order restraining the police from effecting arbitrary arrest, charging, harassing or otherwise interfering with him without conducting investigations and according him an opportunity to be herd in answer to any allegations against him.
The Respondent not being opposed to the application, this court is inclined to grant the prayer since it is the court’s duty under Articles 20 & 160 of the Constitution to ensure that Rule of Law is upheld through the enforcement of fundamental rights and freedoms of the individual.
The liberty of an individual is precious and should not be capriciously and whimsically taken away in the name of investigating crime. All suspects must be afforded an opportunity by the investigator to give their side of the story in order to have objectivity in the decision to charge and promote accountability under Article 10 of the Constitution.
I therefore grant prayer five in the Notice of Motion by issuing a Conservatory order as prayed.
It is so ordered.