Court orders State to pay Makaburi KES 670,000
27 March 2014, 08:16
Mombasa - Abubakar Shariif Abubakar alias Makaburi was awarded KES 670,000 to cover for damages he incurred in a search that was conducted at his home by police.
Mombasa High Court judge Maureen Odero said that the police had failed to make and file a return in the chief magistrate court in an application of 168/2011 that they failed to produce the seized articles before the court.
“For the violation of the above I hear the petitioner general damages in the amount of 400,000 as well as special damages in the amount of 270,000,” said Odero.
Makaburi had sued the state for violation of his human rights in a sworn affidavit dated August 14 2012 where he alleged that the search warrant was issued without a reasonable basis and the items that were seized were not included in the search warrant which amounted to the violation of his fundamental rights.
Through his lawyer Mbugua Mureithi the petitioner had alleged that the search warrant issued on June 23 2011 in magistrate court is partially totally defective and invalid for the failure specify the offence committed.
Police stormed Makaburi’s home in Saba Saba Estate, with a search warrant that allowed them to seize drugs explosive illegal firearms and military weapons which were not found after the search.
His wife was in the house during the search the said police confiscated electronic items in the house.
Later the items were released back to the petitioner after a magistrate court ruled the continued intervention to have been unlawful.
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