Description

Criminal Litigation

1. On 23^rd August 2013 the Inspector-General of Police of the Republic of Kenya issued the following memorandum to the 47 County Police Commanders:-

FROM: THE INSPECTOR-GENERAL OF POLICE

TO:     COUNTY COMMANDERS

                 RE:          INSECURITY IN THE COUNTRY

Following the upsurge in cases of armed robberies within the country I have been instructed by the National Security Council to enhance security countrywide. Pursuant to the said instructions and in exercise of the powers conferred on me under Article 245(2)(b) of the Constitution I hereby direct that you do the following:

1. Enhance community policing by clustering houses into ten to count for a single unit;
2. Since the Judiciary has proved to be slow in dealing with armed robbery cases, if you find unlicensed gun holders, shoot them with the primary objective of killing;
3. Arrest all members of the Alawuon ethnic group that may attempt to enter the County of

Nairobi as they are known violent robbers and potential terrorists; (this applies to the Nairobi

County Commander only)

1. You have to file weekly returns with clear statistics on the implementation of this directive.

By Order:

Dated at Vigilance House Nairobi this 23 day of August 2013

Signed

ANNETT MBARARE, EBS INSPECTOR GENERAL OF POLICE REPUBLIC OF KENYA”

Following this directive the Nairobi Police County Commander set up several road blocks along key access roads to Nairobi on 30 August 2013. On 02 September 2013 the Nairobi County Commander arrested a total of six members of the Alawuon ethnic group at various entry points to Nairobi and transported them to Mulolongo County on the Southern end of Kenya where they were released.

On 03 September 2013 the Mulolongo County Women Representative in the National Assembly Ms Akinyi Mwangale was stopped at one of the road blocks in the Westlands District of Nairobi by the County Commander of Nairobi, Afande Marietta Obilo. Afande Obilo placed Ms Mwangale under arrest as she is a member of the Alawuon ethnic community.

A dispute ensued as to the legality of the arrest, prompting Afande Obilo to slap Ms Mwangale across the face, in the full glare of the press. Ms Mwangale was eventually subdued and transported to Mulolongo County from where she was released. Contacted for comment as to why he slapped Ms Mwangale, Afande Obilo claimed that she was acting in self defence and that her primary objective was to enforce the Memorandum from her superiors dated 23 August 2013.

Ms Akinyi Mwangale on the other hand is unable to reach the National Assembly building in Nairobi to articulate issues affecting her constituents because of the enforcement of the InspectorGeneral’s memorandum. Ms Akinyi Mwangale approaches you in your chambers in Naivasha with instructions to take remedial measures. She informs you that on 03 September 2013 Afande Obilo almost shot her dead for being in possession of a Cieska pistol until she availed a license for it.

Upon discussions with your Senior Partner, it is agreed that you seek the remedy of Judicial Review, to protect Ms Akinyi Mwangale’s rights. Draft the following documents for review by the Senior Partner.

1. a) Chamber summons (at leave stage);

(5 marks) b) Statutory statement (at leave stage);

(5 marks) c) Notice of motion

(5 marks)

 

ATP 101 Criminal Litigation Nov 2013-1-2