Ask a lawyer:
can Macharia Gaitho sue the government for what they did?
Macharia Gaitho can sue the Kenyan government for unlawful arrest and detention. The Kenyan Constitution guarantees the right to personal liberty and freedom from arbitrary arrest and detention.
Table of Contents
Unlawful Arrest and Detention
The Right to Personal Liberty
The Right to Freedom from Arbitrary Arrest and Detention
Case Laws
Conclusion
Unlawful Arrest and Detention
Unlawful arrest and detention occur when a person is arrested or detained without a lawful basis. This can include arrests without a warrant, arrests based on insufficient evidence, or arrests for reasons that are not recognized by law.
The Right to Personal Liberty
The Kenyan Constitution guarantees the right to personal liberty in Article 29. This right is fundamental and protects individuals from arbitrary interference by the state.
The Right to Freedom from Arbitrary Arrest and Detention
Article 49 of the Kenyan Constitution guarantees the right to freedom from arbitrary arrest and detention. This right is further elaborated upon in the following provisions:
Article 49(1)(a): No person shall be arrested or detained without just cause.
Article 49(1)(b): Every person who is arrested or detained shall be brought before a court as soon as reasonably practicable, and in any event within twenty-four hours of the arrest or detention.
Article 49(1)(c): Every person who is arrested or detained shall be informed of the reason for the arrest or detention.
Article 49(1)(d): Every person who is arrested or detained shall be allowed to consult with a lawyer and to have the lawyer present during any questioning.
Article 49(1)(e): Every person who is arrested or detained shall be allowed to communicate with a relative or friend.
Case Laws
The case of Mirugi Kariuki v Attorney General [2003] eKLR established that the right to personal liberty is a fundamental right that cannot be infringed upon without just cause.
The case of John Githendu v Republic [2009] eKLR held that the right to freedom from arbitrary arrest and detention is a fundamental right that is essential for the protection of individual liberty.
Conclusion
Based on the Kenyan Constitution and relevant case laws, Macharia Gaitho has a strong legal basis to sue the Kenyan government for unlawful arrest and detention. The government's actions violated his constitutional rights to personal liberty and freedom from arbitrary arrest and detention. He can seek compensation for the violation of his rights and for any damages he suffered as a result of the unlawful arrest and detention.
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Answered by mwakili.com