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 direct—
(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.
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