Judgment[1992] KEHC 125
Case law
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Division and case type: CriminalMiscellaneous Criminal Application
…rights.…
…These are, whether the application is competently before us, and secondly, whether there was non-compliance with the law, leading to violation of the applicant’s fundamental rights.…
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: Milimani Commercial CourtsCriminal Case
…Insofar as the time factor is concerned the Attorney-General is therefore free to prosecute provided he does not offend the fundamental rights conferred by section77(1) as protected by section84(1) of the Constitution.…
…The people will lose faith in the Constitution if it fails to give effective protection to their fundamental rights.…
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 ...........”…