CLEOPHAS JUMA v REPUBLIC [2009] KEHC 231 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA Miscellaneous Criminal Application 67 of 2008

CLEOPHAS JUMA..................................................APPLICANT

VERSUS

REPUBLIC .........................................................RESPONDENT

RULING

In his application filed on 22nd October, 2008, the Applicant seeks orders that the violation of his fundamental Constitutional rights to liberty be determined. The application is brought under Section 72 (3) (b) of the Constitution.

The Applicant states that he was detained in Police custody for over a fortnight before he was charged in court. He is seeking production of the Occurrence Book of Mumias Police Station dated 9th/10th November, 2006 to shed light and clear doubt on the report made and items found.

Both the application and the supporting affidavit do not indicate when the applicant was arrested and when he was arraigned before the court. It is therefore not possible for this court to determine whether the applicant’s Constitutional rights were violated. This application is dismissed. The Mumias Criminal Case No. 228/2006 shall proceed to hearing.

Delivered, dated and signed at Kakamega this 23rd day of September, 2009.

SAID J. CHITEMBWE

J U D G E