High Court has dismissed a case that was challenging the arrests made on Fridays, commonly dubbed “Kamata Kamata Friday”
High Court judge Lawrence Mugambi ruled the petition lacks merit, adding that the allegations made by the petitioners could not be substantiated.
“It is badly pleaded. It makes broad allegations that the Petitioner could not substantiate. It was not proved at all,” reads the judgment.
In the case, Law Society of Kenya (LSK) moved to court to challenge the police actions and sought orders compelling the police and the Director of Public Prosecutions (DPP) to create and operationalize special plea courts to operate on Saturdays, Sundays and Public holidays for instances of arrests falling past official court working hours and days.
The court noted that the motive of institution of the criminal proceedings is only relevant where the predominant purpose is to further some other ulterior purpose and as long as the prosecution and those charged with the responsibility of making the decisions to charge act in a reasonable manner, the High Court would be reluctant to intervene.
“The Petitioner cannot expect the Court to act on assumptions regarding allegations of abuse of power, Claims were made without matching them with the requisite proof,” court noted.
