The High Court dismissed a case challenging the practice of arrests made on Fridays, colloquially known as “Kamata Kamata Friday.”
High Court Judge Lawrence Mugambi declared the petition lacked merit, emphasizing the absence of substantiated allegations from the petitioners.
Judge Mugambi’s ruling criticized the petition for its broad and unsubstantiated claims, stating it failed to provide compelling evidence.
The judgment highlighted the inadequacy of the petitioner’s arguments.
The case was brought to court by the Law Society of Kenya (LSK), seeking to contest police actions and requesting orders for the establishment of special plea courts operating on weekends and public holidays.
These courts would handle cases involving arrests made outside official court hours.
In addressing the motive behind the institution of criminal proceedings, the court emphasized its relevance only if it serves an ulterior purpose.
Judge Mugambi stressed the importance of reasonable action by the prosecution and decision-makers, stating the High Court’s reluctance to intervene unless misconduct is evident.
The court underscored the petitioner’s obligation to provide concrete evidence to support allegations of abuse of power.
It emphasized the necessity of matching claims with requisite proof to warrant court intervention.
This verdict holds significant implications for legal challenges against law enforcement practices.
It highlights the judiciary’s stance on intervening in police procedures, emphasizing the importance of substantiated claims and evidence in such challenges.
The dismissal of the case underscores the legal principle that allegations must be supported by credible evidence for court intervention.
It signals the need for thorough documentation and evidence gathering to substantiate claims of abuse of power or misconduct in law enforcement.
Overall, the ruling reaffirms the judiciary’s commitment to upholding legal standards and ensuring accountability within law enforcement agencies.
It sets a precedent for future cases involving challenges to police actions, emphasizing the necessity of substantiated claims and evidence for legal redress.
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