Alio v Inspector General Of Police & another [2024] KEHC 5552 (KLR)

Alio v Inspector General Of Police & another (Miscellaneous Criminal Application E047 of 2024) [2024] KEHC 5552 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5552 (KLR)

Republic of Kenya

In the High Court at Kibera

Miscellaneous Criminal Application E047 of 2024

DR Kavedza, J

May 9, 2024

Between

Abdi Hillow Alio

Applicant

and

Inspector General Of Police

1st Respondent

Director Of Public Prosecutions

2nd Respondent

Ruling

1. I have considered the chamber summons dated 8th May 2024 filed under certificate of urgency, supported by an affidavit sworn by the applicant’s brother Shukri Hillow Alio seeking orders of habeus corpus to have the body of Abdi Hillow Alio be produced. I hereby make the following orders:i.The matter is certified urgentii.The Respondents are hereby directed to produce the body of Abdi Hillow Alio on or before 14th May 2024 at Kibera Chief Magistrate’s Court.iii.That further to the orders in (II) above, the respondents should explain why the said Abdi Hillow Alio should not be released on bail/bond.iv.Upon such production, the 2nd respondent is at liberty to present any charge against the said Abdi Hillow Alio in any court in which case the orders of this court shall lapse; and such trial court will be at liberty to make a decision on whether to grant bail/bond or not for the ends of justice to be met.v.The applicant is directed to serve the respondents with this ruling before end of business today.

RULING DATED AND DELIVERED THIS 9THDAY OF MAY 2024_________________D. KAVEDZAJUDGE