Section 389 of Criminal Procedure Code CAP 75: Power to issue directions of the nature of habeas corpus

(1) The High Court may whenever it thinks fit directβ€”
(a) that any person within the limits of Kenya be brought up before the court to be dealt with according to law;
(b) that any person illegally or improperly detained in public or private custody within those limits be set at liberty;
(c) that any prisoner detained in a prison situated within those limits be brought before the court to be there examined as a witness in any matter pending or to be inquired into in that court;
(d) that any prisoner so detained be brought before a court martial or commissioners acting under the authority of a commission from the President for trial to be examined touching any matter pending before the court martial or commissioners respectively;
(e) that any prisoner within those limits be removed from one custody to another for the purpose of trial; and
(f) that the body of a defendant within those limits be brought in on a return of cepi corpus to a writ of attachment.
(2) The Chief Justice may make rules of court to regulate the procedure in cases under this section.

Disclaimer: This document is not to be taken as legal advice.
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