Judgment[2017] KEHC 1665
Case law
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Division and case type: COMMERCIAL DIVISIONJudicial Review
…In urging for a remedy for the violations of his fundamental rights, the appellant relied on Article 21 of the Constitution that imposes a duty on the State and every State organ to ensure that fundamental rights are not…
…rights are based on the proceedings in Cr.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…Mr Justice Muli, as he was then, correctly pointed out in Motichand v Republic (Criminal Application No 21 of 1972) that the fundamental rights and freedoms of the individual to his liberty of which the Constitution of the…
Division and case type: CriminalCriminal Appeal
…What gives us cause for concern, however, is the length to which the judges were prepared to go to justify the illegal detention of the appellant in custody by the police for 17 days in flagrant violation of his fundamental…
…rights.…
Division and case type: CriminalCriminal Appeal
…:- “We apply the above doctrine fully and would therefore think that the failure to give all the accused in this case an opportunity to cross-examine the 4th co-accused was no less prejudicial and was indeed a denial of fundamental…
…rights of all the appellants ...........”…