REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Misc 224 of 2007 BENARD WABWIRE WAFULA ::::::::::::::::::::::::: APPLICANT VRS EMMANUEL WEKESA WASIKE HON. THE ATTORNEY GENERAL :::::::::::::::::::::::: RESPONDENTS RULING OF THE COURT I have heard the ex-parte application before me. I have considered the contents of the Supporting Affidavit along with the annexures. I have seen the certificate of delay showing that proceedings took 2 years to be supplied to him. I note that after receiving the proceedings he did instruct counsel who nonetheless did not file the suit promptly. Given the nature of his complaint which does touch on his constitutional right to be presented to a court of law within 24 hours of arrest. I feel that he should not be locked out and should therefore be allowed to pursue his claim. Accordingly, I allow the application and direct that the suit be filed without further delay and in any case not more than 15 days from the date of this ruling. W. KARANJA JUDGE 12/2/2008
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.