JOHN KIMANI GITAU V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

John Kimani Gitau (the appellant herein) filed an appeal against the judgment of Mshila, J delivered on 5th June, 2015.

A brief background to the appeal is that the appellant filed a Petition in the High Court of Kenya at Nakuru being Petition No. 3 of 2014 against the Attorney General (the respondent herein) seeking the following orders:

“(i) a declaration that the fundamental rights and freedoms of the petitioner (the appellant herein) were contravened and violated various times during the trial;

(ii) a declaration that holding the petitioner in police custody for twenty-one (21) days before taking him to court was unconstitutional;

(iii) a declaration that the trial of the petitioner without taking plea was illegal and unconstitutional;

(iv) a declaration that the three year period that the trial took was in contravention of the Constitution’s provisions for speedy trial;

(v) a declaration that the petitioner’s right to have a trial concluded without unreasonable del…