Difference between revisions of "Right to Habeas Corpus"

From Criminal Defense Wiki
Jump to navigationJump to search
Line 71: Line 71:
  
 
* 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.  
 
 
*(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  
 
 
 
*(f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment.  
 
 
 
 
*(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.
  

Revision as of 15:35, 28 May 2010