KCC 792/2001

This case involved arrest proceedings for an individual accused of robbery.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of attempted robbery had erred in the application of law. He said that he had maintained before the court that the arrest proceedings were invalid because it was not established based on an order from the office of public prosecution but the court dismissed this defence.

Decision

The court of cassation said that this argument wa valid. The court said that the documents of the case revealed that the police officers arrested the appellant along with other persons because they were in a suspicious situation. The court said that the appellant maintained before the court that the arrest proceedings were invalid but the court dismissed this defence. The court said that the documents of the case revealed that the appellant was arrested without an order issued by the office of public prosecution. The court said that the arrest proceedings were therefore invalid. The court said that the court dismissed the appellant's defence though it was a substantial one.

The court repealed the ruling.