Case ID:174993

Sayed Mansour Mousari & another v Officer in charge Kamiti Maximum Prison & another [2021] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application Case E199 & E198 of 2020

Parties:

Sayed Mansour Mousari & Ahmed Abofathi Mohamed v Officer in charge Kamiti Maximum Prison & Director of Public Prosecution

Date Delivered:

11 May 2021

Case Class:

Criminal

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Jessie Wanjiku Lesiit

Citation:

Sayed Mansour Mousari & another v Officer in charge Kamiti Maximum Prison & another [2021] eKLR

Court Division:

Criminal

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

MISC. CRIMINAL APPLICATION CASE NO. E199 OF 2020

LESIIT, J.

MISCELLANEOUS CRIMINAL APPLICATION NO. E199 OF 2020

AS CONSOLIDATED WITH MISC. Crim. APPL. NO. E198 OF 2020

SAYED MANSOUR MOUSARI......................................................1

ST

APPLICANT

AHMED ABOFATHI MOHAMED................................................2

ND

APPLICANT

VERSUS

OFFICER IN CHARGE KAMITI MAXIMUM PRISON......1

ST

RESPONDENT

THE DIRECTOR OF PUBLIC PROSECUTION..................2

ND

RESPONDENT

RULING

1. The Applicants through their Counsel Mr. Chacha Mwita wrote to court. In his letter dated 12

th

February, 2021 Counsel requested to have that this file placed before this court so as to raise the concerns of his clients.

2. When the matter came up before the court, Mr. Mwita informed the court that the purpose of requesting that the file be placed before court is to bring to the court’s attention the fact that orders made by the court in its ruling of 1

st

October, 2020 had not been complied with. The order is on record.

3. Mr. Ondimu Learned Prosecution Counsel, in his response urged that the question before the court concerned medical treatment of persons who are in custody. He then promptly referred the court to the affidavit of S. P. Japheth Muhandia dated 16

th

September, 2020 and the Kenya Prisons Standing Orders.

4. It is clear that Mr. Ondimu either never read the request by Mr. Mwita, or misdirected himself as to what matter or issue was before court.

5. The complaint by the Applicants is that the court order of 1

st

October, 2020 which spelt out in very clear terms what Kamiti Prison Hospital, or failing it in case of incapacity of whatever nature, Kenyatta National Hospital should do.

6. What I expected from Mr. Ondimu is not a lesson on what the Kenya Prison Standing Orders provide, which, if he read the ruling of this court of 1

st

October, 2020 he would have been advised that I am fully aware of the relevant provisions and the law touching on medical treatment of prisoners.

7. What this court wants to be shown is compliance of its order of 1

st

October, 2020 as set out in the court’s ruling of that date. For avoidance of doubt, I now direct the Deputy Registrar of this court to extract that order and serve it on Kamiti Prison Hospital, through the Commissioner General of Prisons.

8. The matter will be mentioned again on a date to be agreed with the parties to confirm compliance.

DATED AT NAIROBI THIS 11

TH

DAY OF MAY, 2021.

LESIIT, J.

JUDGE

DELIVERED THROUGH TEAMS ON 11

TH

MAY, 2021.

In the presence of:

Mr. Mwita for the Applicants

Ms Kimani for the Respondent

LESIIT, J.

JUDGE