REPUBLIC vs PRINCIPAL IMMIGRATION OFFICER Ex Parte ERICK ANDIKA [2002] KEHC 1082 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYAAT MOMBASAMISCELLANEOUS CRIMINAL APPLICATION NO.65 OF 2002 IN THE MATTER OF:  AN APPLICATION BY ERICK ANDIKA ON BEHALF OF FAIZA MOHAMED SWALEH A N D IN THE MATTER OF:  CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE OF HABEAS CORPUS) RULES A N D IN THE MATTER OF:  AN APPLICATION FOR AN ORDER OF HABEAS CORPUS AND SUBJICIENDUM BETWEEN

ERICK ANDIKA……………………………………………………………APPLICANT =V E R S U S= PRINCIPAL IMMIGRATION OFFICER…………………………...1ST RESPONDENT

ATTORNEY-GENERAL…………………………………………….2ND RESPONDENT

4. 15 p.m. Coram: Before Onyancha, J. Mr. Kiume Kioko - for Applicant Miss Mwaniki – for Respondent Sango – Court Clerk Mr. Kioko

The body of Faiza Mohamed Swaleh has not been produced as she is in Pandya Hospital for medical treatment. I am prepared to have this court make an order varying the earlier so that the body of the said Faiza may be produced before the court of law tomorrow at 9 a.m. The court shall be the court of the Chief Magistrate or as she may direct. Until then I pray that she be ordered to stay where she is.

Mwaniki Be it so. D.A. ONYANCHA J U D G E

ORDER 1. The body of Faiza Mohamed Swaleh be produced in Mombasa Chief Magistrate’s Court or as she may direct on 19. 7.2002 at 9 a.m.

2. Until then, the said Faiza Mohamed Swaleh to stay at Pandya Hospital until she is produced as hereinabove ordered.

3. Costs in the cause.

Dated at Mombasa this 18th day of July, 2002. D. A. ONYANCHA J U D G E