Right to liberty
Doctrine in Constitutional. 4 cases, with the principle each one established. By lanbuk.com.
- Nsabimana v S (Miscellaneous Criminal Review 5 of 2023) [2023] MWHC 42 (24 August 2023)
Malawi · 2023
Principle established: The court may review criminal proceedings and order the release of a person who has been detained without being brought before a court of law within the constitutionally mandated period.
- Ochieng v Attorney General (Petition E051 of 2025) [2026] KESC 32 (KLR) (15 May 2026) (Judgment)
Kenya · 2026
Principle established: The state is liable for damages where it is proven that an individual's fundamental rights and freedoms were violated during arrest and subsequent police detention.
- S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)
Malawi · 2026
Principle established: Judicial review may be granted to challenge the detention of a person beyond the mandatory statutory remand period, and such permission may serve as interim relief pending a full hearing.
- Sulaiman Bah v Director of Prisons & Others (CC 245 of 1963) [1963] SLSC 15 (9 August 1963)
Sierra Leone — Supreme Court · 1963
Principle established: A bailiff lacks statutory authority under section 8 of the Debtors Act to commit a debtor to custody in default of bail or security.