REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMABAY

MISC. CRIMINAL CASE NO. 16 OF 2016

MALI YAMUNGU.....................................................................................................APPLICANT

-VERSUS-

INSPECTOR GENERAL OF POLICE.............................................................1ST RESPONDENT

DIRECTOR OF PUBLIC PROSECUTIONS.................................................2ND RESPONDENT

CERTIFICATE OF URGENCY

I POWERNAP OMONDI an Advocate of the High Court of Kenya do certify this application
as urgent for the reason that the applicant is being illegally detained by the respondents and is
continually being tortured and subjected to inhumane treatment so as to provide unknown
information and to confess to crimes he does not know about.

Dated at HOMABAY this……………day of………………………..2016

POWERNAP OMONDI & COMPANY

ADVOCATE FOR THE APPLICANTS
DRAWN AND FILED BY:
POWERNAP OMONDI & COMPANY
ADVOCATES,
AGIP HOUSE, 2ND FLOOR,
OPPOSITE MAIN STAGE ALONG KCB ROAD,
P.O BOX 2345-20100,
HOMABAY

TO BE SERVED UPON:

1. The Inspector General of Police,

P.O BOX 345,
NAIROBI.
2. Office of the Director of Public Prosecutions
NSSF Building Block ‘A’ 19th Floor
P.O Box 30701-00100
NAIROBI
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMABAY

MISC. CRIMINAL CASE NO. 16 OF 2016

MALI YAMUNGU.....................................................................................................APPLICANT

-VERSUS-

INSPECTOR GENERAL OF POLICE.............................................................1ST RESPONDENT

DIRECTOR OF PUBLIC PROSECUTIONS...................................................2ND RESPONDENT

CHAMBER SUMMONS

(Pursuant to Articles 25(d) and 51(2) of the Constitution of Kenya, Section 389 of the Criminal
Procedure Code and Rules 2 and 3 of the Criminal Procedure(Directions in the nature of
Habeas Corpus) Rules)

LET ALL PARTIES concerned attend the Honourable Judge in Chambers on the...............day
of........................2016 as counsel for the applicant may be heard ex-parte for the ORDERS:

1. THAT this application be certified urgent

2. THAT this honourable court do issue directions in the nature of Habeas Corpus directed
to the 1st and 2nd Respondents, either by themselves or their agents or their representatives
to have the body of MALI YAMUNGU be produced before the honourable court within
24 hours of the order being made.
3. THAT the applicant be released on bail as shall be determined by the court.
4. THAT costs of this application be provided for.

WHICH APPLICATION IS BASED ON GROUNDS THAT:

1. The applicant has been illegally held in custody for more than three months since being
arrested on the 22nd day of May 2016 by the agents or representatives of the respondents.
2. The applicant is being tortured and subjected to inhumane treatment by the respondents
or his agents or representatives
3. The applicant has not been charged with any offence since being arrested
4. The applicant has been denied the chance to see or talk to his relatives while detained
5. The respondents have no reasonable excuse for the continued detention of the applicant
6. It is in the interest of justice to grant the applicant herein the orders sought.
AND is further grounded in the annexed affidavit of HAMADI YAMAKI and on further
grounds to be adduced at the hearing.

Dated at Homabay this 9th day of September 2016

POWERNAP OMONDI & COMPANY

ADVOCATES FOR THE APPLICANT
DRAWN AND FILED BY:
POWERNAP OMONDI & COMPANY
ADVOCATES,
AGIP HOUSE, 2ND FLOOR,
OPPOSITE MAIN STAGE ALONG KCB ROAD,
P.O BOX 2345-20100,
HOMABAY

TO BE SERVED UPON:

3. The Inspector General of Police,

P.O BOX 345,
NAIROBI.
4. Office of the Director of Public Prosecutions
NSSF Building Block ‘A’ 19th Floor
P.O Box 30701-00100
NAIROBI
If any party served does not appear at the time and place above mentioned such order will be made
and proceedings shall be taken as the court may think just and expedient.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT HOMABAY

MISC. CRIMINAL CASE NO. 16 OF 2016

MALI YAMUNGU.....................................................................................................APPLICANT

-VERSUS-

INSPECTOR GENERAL OF POLICE.............................................................1ST RESPONDENT

DIRECTOR OF PUBLIC PROSECUTIONS.................................................2ND RESPONDENT

SUPPORTING AFFIDAVIT

I HAMADI YAMAKI a resident of Kasipul Kabondo within Homabay County of P.O BOX
2341 Kasipul in the republic of Kenya do hereby solemnly swear and state as follows:

1. THAT I am a female adult of sound mind and the wife to the applicant herein hence
competent to make and swear this affidavit.
2. THAT on the 22nd day of May 2016 the applicant was arrested by the Police from his
house in Kasipul-Kabondo acting on the instructions of the 1st respondent
3. THAT the applicant was taken in for interrogation in relation to terrorism matters since
then by the police
4. THAT it is more than three months now since the arrest of the applicant and he has not
been produced before court to be charged
5. THAT the accused is being held illegally by the 1st reposndent
6. THAT the respondents have no reasonable explanation for the continued detention of the
applicant
7. THAT the applicant has been denied access to his family members for all the detention
period
8. THAT the applicant is being tortured and harassed by the Police officers at the prison
9. THAT It is in the interest of justice to grant the applicant herein the orders sought.
10. THAT what is deponed herein is true to the best of my knowledge, information and belief

SWORN at HOMABAY
this....................day of......................2016
By the said .................................
HAMADI YAHMAKI DEPONENT

BEFORE ME
COMMISSIONER FOR OATHS

DRAWN BY:

HAMADI YAHMAKI