[2009] KEHC 1764 (KLR)

[2009] KEHC 1764 (KLR)

The court determined that the application raises constitutional issues regarding alleged discrimination and denial of equal treatment under the Constitution. Given the technical nature of the case and the need for a thorough examination of the facts and law, the court ordered that the application be heard on its...

Source-derived case information.

Citation
[2009] KEHC 1764 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
22 May 2009
Case Number
Constitutional Petition 2 of 2008
Procedural Posture
Constitutional Petition / Interlocutory Application Ruling
Outcome
Application to be heard on merits; directions given for mode of hearing.
Judges
AI Tullu
Legal Topics
Discrimination, Fundamental Rights, Armed Forces, Equal Treatment
Source Language
english
Constitutional Law Discrimination Fundamental Rights Armed Forces Equal Treatment

Source-derived case record

Summary, issues, holding and outcome

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Constitutional Petition / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the applicant's discharge from the Armed Forces was discriminatory in violation of Section 82 of the Constitution.
  2. 2 Whether the applicant was denied equal treatment as other servicemen contrary to the Constitution.

Ratio Decidendi

The court determined that the application raises constitutional issues regarding alleged discrimination and denial of equal treatment under the Constitution. Given the technical nature of the case and the need for a thorough examination of the facts and law, the court ordered that the application be heard on its merits, allowing both viva voce evidence and affidavits, with parties permitted to call witnesses. The hearing is to be conducted before a single judge at Eldoret for one day.

Court Disposition

Application to be heard on merits; directions given for mode of hearing.

Orders

  • The application shall be heard both by way of viva voce evidence and by way of affidavits.
  • Parties may call witnesses.