[2013] KEHC 4813 (KLR)
The court found that, since the relevant Ministry and stakeholders are actively engaged in implementing the Counter-Trafficking in Persons Act, 2010, and have committed to establishing the Advisory Committee and Trust Fund as required by law, and given that the Act does not prescribe specific time limits for such...
Source-derived case information.
- Citation
- [2013] KEHC 4813 (KLR)
- Parties
- Petitioner: The Cradle Children Foundation; Respondent: Minister for Gender, Children and Social Development; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 302 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Withdrawal
- Outcome
- Petition marked as withdrawn with no order as to costs.
- Judges
- DAS Majanja
- Legal Topics
- Implementation of Statutes, Counter Trafficking in Persons Act, Advisory Committee Establishment, Trust Fund Creation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Cradle Children Foundation
Petitioner
Minister for Gender, Children and Social Development
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Withdrawal
Legal Issues
- 1 Whether the respondents have complied with the statutory obligations under the Counter-Trafficking in Persons Act, 2010.
- 2 Whether the petition should be withdrawn in light of ongoing implementation and stakeholder engagement.
Ratio Decidendi
The court found that, since the relevant Ministry and stakeholders are actively engaged in implementing the Counter-Trafficking in Persons Act, 2010, and have committed to establishing the Advisory Committee and Trust Fund as required by law, and given that the Act does not prescribe specific time limits for such establishment, it is appropriate to mark the petition as withdrawn. This allows the parties to continue consultations and reach an amicable settlement consistent with the law, without the need for further judicial intervention at this stage.
Court Disposition
Petition marked as withdrawn with no order as to costs.
Orders
- The petition is marked as withdrawn.
- There is no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
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THE CRADLE CHILDREN FOUNDATION ........................ PETITIONER
AND
MINISTER FOR GENDER, CHILDREN AND
SOCIAL DEVELOPMENT ......................................1ST RESPONDENT
THE ATTORNEY GENERAL .................................. 2ND RESPONDENT
RULING
1. This petition concerns the implementation of the Counter-Trafficking in Persons Act, 2010(“the Act”).
2. Counsel for the petitioner, Mr Osoro, informs the court that, since these proceedings were filed, the relevant Ministry and stakeholders have been discussing the matter and the Permanent Secretary involved has given commitment that the substantial issues in the petition will be resolved. First,the Counter Trafficking in Persons Advisory Committee provided for under sections 19, 20and21 of the Act will be established in due course. Second, the Counter Trafficking in Person Trust Fund provided for under sections 22, 23and24 of the Act will be established. These two issues deal with the substantive prayers in the petition as the Act is now in force and is being implemented.
3. Mr Opondo, counsel for the respondents, agrees that the stakeholders are being engaged in the matter and the Act is being implemented.
4. In the circumstances, and taking into account the fact that the Act does not set out specific time limits for the establishment of the two bodies, I think that the appropriate order to make is to mark the matter as withdrawn with no order as to costs so to permit the parties to consult and reach an amicable settlement consistent with the provisions of the law.
5. Orders accordingly.
DATEDand DELIVERED at NAIROBI this 11th March 2013.
D.S. MAJANJA
JUDGE
Mr Osoro instructed by Osoro, Chege, Kibathi and Company Advocates.
Mr Opondo, Litigation Counsel, instructed by the State Law Office for the respondents.