HENRY KANDIE - CHIEF INSPECTOR OF POLICE, OCS ONGATA RONGAI POLICE STATION, DAVID NDIEMA - INSPECTOR OF POLICE, DEPUTY OCS ONGATA RONGAI POLICE STATION, ELIUD NJAGI - CORPORAL, ONGATA RONGAI POLICE STATION, ZEDEKIAH NYANGOYE - POLICE CONSTABLE, ONGATA RONGAI POLICE STATION, TERESIAH WANJUE - POLICE CONSTABLE, ONGATA RONGAI POLICE STATION, SIMON NAMSHURUHI - POLICE CONSTABLE, ONGATA RONGAI POLICE STATION, DIANA KIRUI - POLICE CONSTABLE, ONGATA RONGAI POLICE STATION, ATTORNEY GENERAL, NATIONAL POLICE SERVICE COMMISSION & DIRECTOR OF PUBLIC PROSECUTION V. MOHAMMED FEISAL, JOHN MUGWE NGURE, DAVID MUNGAI MBURU, LYDIAH MUTHEU, KELVIN MUKAE ANGWENYI, ALEX MAKORI MOGAKA, KALVIN MBUGUA, JUSTIN RIUNGU MATI, KENNEDY MBARU, ESAU KIMANI, JOHN GITONGA, ERICK NYAKUNDI CHARLES, KAREN GITAU KATHURE, SHAD JACKSON GERALD, PATRICK MUTISYA, JOHN NDARUKA KINYUA, JOHN MARE WARUTERE, ISAAC CHERULE, JAMES MUTURI MUTUKU & STEVEN NZAKU

RULING OF THE COURT

In a petition filed at the High Court of Kenya at Kajiado the respondents, Mohamed Feisal, John Mugwe Ngure, David Mungai Mburu, Lydia Mutheu, Kelvin Mukae Angwenyi, Alex Makori Mogaka, Kalvin Mbugua, Justine Riungu Mati, Kennedy Mbaru, Esau Kimani, John Gitonga, Erick Nyakundi Charles, Karen Gitau Kathure, Shad Jackson Gerald, Patrick Mutisya, John Ndaruka Kinyua, John Mare Warutere, Isaac Cherule and James Muturi Mutuku alleged contravention of their constitutional rights when they were arrested and detained by the applicants. The 20th respondent Stephen Nzaku is an advocate of the High Court of Kenya and came into the proceedings when he was called by the other respondents to rescue them when they had been arrested. He was equally detained by the police. Nyakundi, J. in a judgment delivered on 20th December, 2018 found that the respondents constitutional rights had been infringed; that their rights and freedoms under Articles 25, 27, 28, 29, 39 and 49 of the Cons…