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Draft a motion to suppress evidence for an illegal search and seizure case

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Introduction

In the context of Kenyan law, a motion to suppress evidence is a formal request to a court to exclude certain evidence from being presented during a trial. This is typically based on the argument that the evidence was obtained in violation of the defendant's constitutional rights, particularly those related to illegal search and seizure. The primary legal sources for such a motion in Kenya include the Constitution of Kenya, 2010, and the Criminal Procedure Code.

Legal Framework
- 1.1 Constitution of Kenya, 2010
- 1.2 Criminal Procedure Code
Grounds for the Motion
- 2.1 Violation of Constitutional Rights
- 2.2 Lack of Warrant or Probable Cause
- 2.3 Improper Execution of a Warrant
Draft Motion to Suppress Evidence
- 3.1 Introduction
- 3.2 Statement of Facts
- 3.3 Legal Arguments
- 3.4 Conclusion and Prayer
Conclusion

1. Legal Framework

1.1 Constitution of Kenya, 2010

Article 31: This article guarantees the right to privacy, which includes the right not to have one's person, home, or property searched, possessions seized, or information relating to their family or private affairs unnecessarily required or revealed.
Article 50(4): This article provides that evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair or would otherwise be detrimental to the administration of justice.

1.2 Criminal Procedure Code

Section 118: This section outlines the conditions under which a search warrant may be issued.
Section 119: This section provides the procedure for the execution of search warrants.
Section 120: This section deals with the return of search warrants and the handling of seized items.

2. Grounds for the Motion

2.1 Violation of Constitutional Rights

Article 31: Any search and seizure conducted without respecting the right to privacy as enshrined in Article 31 of the Constitution of Kenya, 2010, can be a ground for suppression of evidence.
Article 50(4): If the evidence was obtained in a manner that violates the defendant's constitutional rights, it should be excluded to ensure a fair trial.

2.2 Lack of Warrant or Probable Cause

Section 118 of the Criminal Procedure Code: A search conducted without a valid warrant or without probable cause is illegal. Evidence obtained from such a search should be suppressed.
Section 119 of the Criminal Procedure Code: The procedure for obtaining and executing a search warrant must be strictly followed. Any deviation can render the search illegal.

2.3 Improper Execution of a Warrant

Section 120 of the Criminal Procedure Code: The manner in which a search warrant is executed is crucial. If the execution is improper, the evidence obtained can be challenged and potentially suppressed.

3. Draft Motion to Suppress Evidence

3.1 Introduction

IN THE HIGH COURT OF KENYA AT [LOCATION]

CRIMINAL CASE NO. [CASE NUMBER]

REPUBLIC

VERSUS

[DEFENDANT'S NAME]

MOTION TO SUPPRESS EVIDENCE

3.2 Statement of Facts

Background: On [date], law enforcement officers conducted a search of the defendant's premises located at [address].
Lack of Warrant: The search was conducted without a valid search warrant, in violation of Section 118 of the Criminal Procedure Code.
Violation of Rights: The search and seizure violated the defendant's constitutional rights under Article 31 of the Constitution of Kenya, 2010.
Improper Execution: Even if a warrant existed, the manner in which the search was conducted did not comply with the procedural requirements outlined in Section 119 and Section 120 of the Criminal Procedure Code.

3.3 Legal Arguments

Violation of Article 31: The search and seizure conducted without a warrant or probable cause violated the defendant's right to privacy as guaranteed by Article 31 of the Constitution of Kenya, 2010.
Exclusion under Article 50(4): Evidence obtained in violation of constitutional rights should be excluded to ensure a fair trial, as stipulated in Article 50(4) of the Constitution of Kenya, 2010.
Non-compliance with Criminal Procedure Code: The search did not comply with the requirements of Sections 118, 119, and 120 of the Criminal Procedure Code, rendering the search illegal and the evidence inadmissible.

3.4 Conclusion and Prayer

WHEREFORE, the defendant respectfully requests that this Honorable Court:

Suppress the Evidence: Exclude all evidence obtained as a result of the illegal search and seizure conducted on [date].
Further Relief: Grant any other relief that the court deems just and proper.

DATED at [location] this [date] day of [month], [year].

[DEFENDANT'S LAWYER'S NAME]

[LAW FIRM'S NAME]

[ADDRESS]

[CONTACT INFORMATION]

4. Conclusion

In conclusion, a motion to suppress evidence in an illegal search and seizure case in Kenya is grounded in the constitutional rights provided under the Constitution of Kenya, 2010, and the procedural requirements outlined in the Criminal Procedure Code. The motion should clearly state the facts, legal arguments, and the specific relief sought. By adhering to these legal provisions, the defendant can ensure that their rights are protected and that any evidence obtained in violation of these rights is excluded from the trial.