Difference between revisions of "Right to Habeas Corpus"
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* 389. (1) The High Court may whenever it thinks fit direct - | * 389. (1) The High Court may whenever it thinks fit direct - | ||
− | + | ** (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law; | |
− | * (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law; | + | ** (b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty; |
− | + | ** (c) that any prisoner detained in a prison situated within those limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in that court; | |
− | * (b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty; | + | ** (d) that any prisoner so detained be brought before a court martial or commissioners acting under the authority of a commission from the President for trial to be examined touching any matter pending before the court martial or commissioners respectively; |
− | + | ** (e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and | |
− | * (c) that any prisoner detained in a prison situated within those limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in that court; | + | ** (f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment. |
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− | *(d) that any prisoner so detained be brought before a court martial or commissioners acting under the authority of a commission from the President for trial to be examined touching any matter pending before the court martial or commissioners respectively; | ||
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− | *(e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and | ||
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− | *(f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment. | ||
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*(2) The Chief Justice may make rules of court to regulate the procedure in cases under this section. | *(2) The Chief Justice may make rules of court to regulate the procedure in cases under this section. | ||