[2012] KEHC 5609 (KLR)
The court determined that the applicability of the current Constitution versus the former Constitution is a decisive issue in the petition. Since the parties had not addressed this point, the court found it necessary to invite further submissions before rendering a final judgment.
Source-derived case information.
- Citation
- [2012] KEHC 5609 (KLR)
- Parties
- Petitioner: Duncan Otieno Waga; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 94 of 2011
- Procedural Posture
- Constitutional Petition / Pre Judgment Directions
- Outcome
- Further submissions required on constitutional applicability before judgment.
- Legal Topics
- Applicability of Constitution, Transitional Provisions, Constitutional Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Otieno Waga
Petitioner
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Pre Judgment Directions
Legal Issues
- 1 Whether the current Constitution or the former Constitution applies to the petitioner’s claim.
- 2 How the transitional provisions affect the determination of the petition.
Ratio Decidendi
The court determined that the applicability of the current Constitution versus the former Constitution is a decisive issue in the petition. Since the parties had not addressed this point, the court found it necessary to invite further submissions before rendering a final judgment.
Court Disposition
Further submissions required on constitutional applicability before judgment.
Orders
- Parties to address the court on the issue of applicability of the Constitution and the former Constitution before final judgment is delivered.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 94 OF 2011
BETWEEN
DUNCAN OTIENO WAGA......................................... PETITIONER
AND
THE HON. ATTORNEY GENERAL......................... RESPONDENT
RULING
While preparing the judgment in this matter, it became apparent that the issue of applicability of the Constitution and the former Constitution would be decisive in the determination of the petitioner’s claim. Unfortunately, I was not addressed on these issues by the counsel’s and it would be proper to hear then before I make the final judgment.
I now invite the parties to address me this issue.
DATED and DELIVERED at NAIROBI this 30th day of April 2012
D. S. MAJANJA
JUDGE
Mr Chigiti instructed by Chigiti & Chigiti Advocates for the petitioner
Mr E. Kakoi, Litigation Counsel, instructed by the State Law Office for the respondent.