Harbeas Corpus

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BARINGO

MISCELLENEOUS CAUSE NO. OF 2021
BETWEEN
HURRICANE MANCINI .............................................................................…. APPLICANT

VERSUS
THE DIRECTOR OF PUBLIC PROSECUTIONS…..................................1ST RESPONDENT
CABINET SECRETARY MINISTRY OF INTERIOR AND CORDINATION …… 2ND
RESPONDENT
INSPECTOR GENERAL OF POLICE …………………………….……3RD RESEPONDENT
CERTIFICATE OF URGENCY
I JAMAA MZITO an Advocate of the High Court of Kenya practicing as such under the
name and style of HHY AND COMPANY ADVOCATES do certify that this application is of
utmost urgency and should be heard on priority bases on the ground that the Applicants nephew
has been taken into police custody by the 3rd Respondent and continues to detain him, in breach of his
constitutional rights.
DATED AT NAIROBI ON THIS…………………DAY OF………………………………..2021
JAMAA MZITO
ADVOCATE FOR THE APPLICANT
DRAWN AND FILED BY,

HHY AND COMPANY ADVOCATES
STAMFORD BRIDGE HOUSE,
KIMATHI STREET
P. O. BOX 111-111
NAIROBI.
TO BE SERVED UPON:
THE DIRECTOR OF PUBLIC PROSECUTIONS
NSSF BUILDING, BLOCK ‘A’ 19TH FLOOR P.O.
BOX 30701-00100
NAIROBI.
CABINET SECRETRAY
MINISTRY OF INTERIOR AND CORDINATION
P.O.BOX 320
NAIROBI
INSPECTOR GENERAL OF POLICE

P.O.BOX 920
NAIROBI
REPUBLIC OF KENYA
BETWEEN

VERSUS
RESPONDENT
INSPECTOR GENERAL OF POLICE …………………………….……3RD RESEPONDENT
EX-PARTE CHAMBER SUMMONS

(Under Article 25(d) and 49(1)(h) of the Constitution of Kenya 2010, Section 389 and 123 of the
Criminal Procedure Code, Rule 2 and 3 of the Rules in the Nature and Directions of Harbeas Corpus)
LET ALL PARTIES concerned attend the Honorable Judge in Chambers on the…...........day
of..................2018 at 9 O’clock in the forenoon or soon thereafter as counsel for the applicant
may be heard on an application for ORDERS: -
1. THAT this Application be certified as urgent.

2. THAT an order in the nature and directions of harbeas corpus be issued to the 2 nd and 3rd
Respondent to produce the body of the Applicant’s nephew, whether dead or alive and to
show cause why they should be allowed to keep him further.
3. THAT the 2nd and 3rd Respondent do appear in court in person with an original warrant of
arrest or an order of detention to show cause why the Applicant’s nephew should not be
released.
4. THAT pending the hearing and determination of this application inter-parties, the
Applicant’s nephew be released on bail on terms that this court deems fit.
5. THAT the Respondent’s be restrained in themselves or through their agents from arresting,
putting into their custody or threatening the Applicant’s nephew upon his release on bail.
6. THAT the costs of this Application be provided for.
WHICH APPLICATION is based on the following grounds;

(a) The Applicants nephew was taken into police custody on the 6th day of June 2021.
(b) The Applicant nephew has not been taken before any court or charged with any offence.
(c) That the Applicant’s nephew has been in police custody for a period of more than a month.
(d) That the continued detention of the Applicant’s nephew is an abuse of his constitutional
rights.
(e) That it is in the interest of justice that this Application should be allowed.
AND WHICH APPLICATION is further supported by the annexed supporting affidavit of

Hurricane Mancini, the Applicant and any other grounds that may be adduced at the hearing of
this application.
DATED AT NAIROBI ON THIS…………………DAY OF………………………………..2021
JAMAA MZITO
ADVOCATE FOR THE APPLICANT
DRAWN AND FILED BY,

KIMATHI STREET
P. O. BOX 111-111
NAIROBI.
TO BE SERVED UPON:
BOX 30701-00100
NAIROBI.
CABINET SECRETRAY
P.O.BOX 320
NAIROBI

P.O.BOX 920
NAIROBI
REPUBLIC OF KENYA
BETWEEN

VERSUS
RESPONDENT
INSPECTOR GENERAL OF POLICE ……………………………………3RD RESPONDENT
SUPPORTING AFFIDAVIT
I, Hurricane Mancini a resident of Katoyi in Baringo County within the Republic of Kenya
and of Post Office Box Number 555-555, Baringo do most sincerely and solemnly make oath
and state that;
1. THAT I am the Applicant herein, conversant with the facts relevant to the Application
before this Honorable Court and therefore competent to make and swear this
Affidavit.
2. THAT on the 6th day of June, 2021 my nephew Raffi Owara was arrested with a group of
other 19 people on allegations that they were involved in cattle rustling.
3. THAT while 19 of the arrested individuals were charged before a court of law on 7 June
2021, Raffi was not presented before court.
4. THAT I have visited Kapedo police station, Baringo Police Station and Police Headquarters
in Nairobi in search of Raffi but my efforts have been fruitless.
5. THAT the last indication received from police headquarters was to the effect that
Raffi was taken into the custody of the Military Intelligence at the Department of
Defense while investigating his apparent transnational cattle rustling activities.
6. THAT my nephew has been in police custody for a period of more than a month.
7. THAT the continued detention of the Applicant’s nephew is an abuse of his
constitutional rights.
8. THAT it is in the interest of justice that this Application should be allowed.
9. THAT what is deponed is true to my knowledge belief and information.
SWORN at NAIROBI by the ]
said
]
HURRICANE MANCINI
]
This day of 2021 ] ………………………………….
BEFORE ME ] DEPONENT
]
]
COMMISSIONER FOR OATHS ]
DRAWN AND FILED BY,

KIMATHI STREET
P. O. BOX 111-111
NAIROBI.
TO BE SERVED UPON:
BOX 30701-00100
NAIROBI.
CABINET SECRETRAY
P.O.BOX 320
NAIROBI

P.O.BOX 920
NAIROBI

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BARINGO

HURRICANE MANCINI .............................................................................…. APPLICANT

DATED AT NAIROBI ON THIS…………………DAY OF………………………………..2021

DRAWN AND FILED BY,

INSPECTOR GENERAL OF POLICE

HURRICANE MANCINI .............................................................................…. APPLICANT

EX-PARTE CHAMBER SUMMONS

may be heard on an application for ORDERS: -

1. THAT this Application be certified as urgent.

WHICH APPLICATION is based on the following grounds;

AND WHICH APPLICATION is further supported by the annexed supporting affidavit of

DATED AT NAIROBI ON THIS…………………DAY OF………………………………..2021

DRAWN AND FILED BY,

INSPECTOR GENERAL OF POLICE

HURRICANE MANCINI .............................................................................…. APPLICANT

DRAWN AND FILED BY,

INSPECTOR GENERAL OF POLICE

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