SALC is partnering with Arthur’s Dream Autism Trust (ADAT) in cases challenging the indefinite detention of four persons with intellectual and psychosocial disabilities, arrested for petty offences at Manthari without being accorded a fair trial.
Applications for habeus corpus were filed at the Kenya High Court in October 2021 for the applicants to be brought to court for an inquiry into their indefinite detention.
After several postponements, a hearing was conducted on 17 March 2022, and evidence was led by the state justifying the applicants’ detention. The court made a finding that because the applicants were committed to the facility through valid court orders, their committal was not illegal and they could only be released by the courts which had issued committal orders.
The Court directed that there should be follow up with the respective courts to have the charges dropped or have the individuals put to defence.
A visit to Nkubu principal Magistrate Court on 16 May 2022, revealed that release orders had been given for N.M on 24 January 2022. In the Nanyuki Chief Magistrates Court, the Court ordered that P.K be discharched unconditionally from the facility. The Maua Chief Magistrates Court directed that E.K be released on 3 August 2022, And the last of the detained persons, A.M was given release orders on 27 February 2023 by the Garissa Magistrates Court.