Difference between revisions of "Right to Habeas Corpus"
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Criminal Procedure Code 2009 | Criminal Procedure Code 2009 | ||
| − | * 389. (1) The High Court may whenever it thinks fit direct - | + | * 389. |
| − | ** (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law; | + | **(1) The High Court may whenever it thinks fit direct - |
| − | ** (b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty; | + | *** (a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law; |
| − | ** (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; | + | *** (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; |
| − | ** (e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and | + | *** (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; |
| − | ** (f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment. | + | *** (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. | ||
