Application-Chamber Summons

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI

MISCELLANEOUS CRIMINAL APPLICATION NO. .….. OF 2011
IN THE MATTER OF AN APPLICATION BY MARY AGWAMBO ON BEHALF OF

KARIUKI MAIGUA
AND
IN THE MATTER OF CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE
OF HABEAS CORPUS
AND
IN THE MATTER OF AN APPLICATION FOR AN ORDER OF HABEAS CORPUS
THE REPUBLIC EX PARTE

KARIUKI MAIGUA………………
………………………………………..APPLICANT
-VERSUS-
THE DIRECTOR OF PUBLIC PROSECUTIONS…………………….RESPONDENT
CHAMBER SUMMONS
(Under 389 of the Criminal Procedure Code and Rules 2, 3 and 12 of the Criminal
Procedure Rules (Directions in the nature of Habeas Corpus)
LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on the
……………..day of………………………2011 at 9.00 O’clock in the forenoon or so
soon thereafter as Counsel for the Applicant may be heard on an application for Orders
THAT:-
1) The Respondent be ordered to release the applicant from custody.
2) The costs of this application be provided for.
WHICH APPLICATION is based on the following grounds:
1) The Applicant herein has been in police custody and has not been produced in
court.
2) The Applicant herein has not been able to communicate with his immediate
family.
3) The Applicant while in custody has been moved to three different police stations
making it impossible for his family to trace him.
4) It is just and fair that the Applicant should be released from custody.
AND WHICH APPLICATION is further supported by the annexed Affidavit of

MARY AGWAMBO in support of the main application and such further or other
grounds as may be adduced at the hearing hereof.
DATED at NAIROBI this 13th day of September 2011.
Change Caren & Co

Advocates for the Applicant
Drawn & Filed By:
Change Caren & Co

Advocate
Bidii House, 10th Floor
Neema Road
P.O Box 112267-00100
NAIROBI Ref: K61/1
To Be Served Upon:
The Director of Public Prosecutions

P.O. Box 41766-00100
NAIROBI
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISCELLANEOUS CRIMINAL APPLICATION NO. ……….. OF 2011
IN THE MATTER OF AN APPLICATION BY MARY AGWAMBO ON BEHALF OF

KARIUKI MAIGUA
AND
IN THE MATTER OF CRIMINAL PROCEDURE (DIRECTIONS IN THE NATURE
OF HABEAS CORPUS
AND
IN THE MATTER OF AN APPLICATION FOR AN ORDER OF HABEAS CORPUS
THE REPUBLIC EX PARTE

KARIUKI MAIGUA………………
………………………………………..APPLICANT
-VERSUS-
THE DIRECTOR OF PUBLIC PROSECUTIONS…………………….RESPONDENT
SUPPORTING AFFIDAVIT
I, MARY AGWAMBO residing in Uthiru Nairobi and of Post office Box Number
654312-00200 Nairobi within the republic of Kenya do hereby make oath and state as
follows:
1. That I am the applicant’s wife and I swear this affidavit on behalf of the applicant I
am thus competent and able to swear this affidavit, as I do.
2. That the Applicant had been instructed by his employer to transport goods to
Bujumbura.
3. That he decided to pass by our home to pick some personal belongings at which
point he parked the truck at a nearby petrol station.
4. That after picking the personal belongings, he joined his colleagues but they
decided to travel the following day since it was already late.
5. That he came back home but was informed in the morning that the truck was
missing and the co-driver had disappeared.
6. That he proceeded to where he had parked the truck only to realize that even the
security guard who was on duty the previous night was absent.
7. That they proceeded to Kabete Police Station to report the matter whereby the
police summoned the owner of the goods.
8. That the owner of the goods directed the police to arrest the Applicant as the prime
suspect.
9. That the Applicant was arrested and detained at the police station for three days
without any communication.
10. That he was later transferred to Muthangari police Station and later Kileleshwa
police station and my efforts at reaching him were futile.
11. That it is only fair and just in the circumstances that the Applicant should be
released from custody as he had gone to the police station to report the matter and
record a statement.
12. I swear this affidavit in support of the instant Application.
13. What is deponed herein is true to the best of my knowledge save as to matters
deponed to on information and belief the grounds and sources whereof have been
specified herein above.
SWORN by the said MARY AGWAMBO )

at NAIROBI )
)
This ……day of……………..2011. )
)
BEFORE ME: )
)
)
)
COMMISSIONER FOR OATHS )
Drawn & Filed By:
Change Caren & Co

Advocate
Bidii House, 10th Floor
Neema Road
P.O Box 112267-00100
NAIROBI Ref: K61/1

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

IN THE MATTER OF AN APPLICATION BY MARY AGWAMBO ON BEHALF OF

THE REPUBLIC EX PARTE

THE DIRECTOR OF PUBLIC PROSECUTIONS…………………….RESPONDENT

1) The Respondent be ordered to release the applicant from custody.

2) The costs of this application be provided for.

WHICH APPLICATION is based on the following grounds:

AND WHICH APPLICATION is further supported by the annexed Affidavit of

DATED at NAIROBI this 13th day of September 2011.

Change Caren & Co

Drawn & Filed By:

Change Caren & Co

The Director of Public Prosecutions

IN THE MATTER OF AN APPLICATION BY MARY AGWAMBO ON BEHALF OF

THE REPUBLIC EX PARTE

THE DIRECTOR OF PUBLIC PROSECUTIONS…………………….RESPONDENT

12. I swear this affidavit in support of the instant Application.

SWORN by the said MARY AGWAMBO )

Drawn & Filed By:

Change Caren & Co

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