[2004] KEHC 1554 (KLR)

[2004] KEHC 1554 (KLR)

The court held that since the application was not brought under Section 67 of the Constitution, but rather as an application for redress under Section 84(1) for alleged violations of fundamental rights, the objection by the respondent was overruled. The court found that the applicant was entitled to have the matter placed before the Chief Justice for directions as provided by the Constitution and the relevant procedural rules. The Deputy Registrar was accordingly ordered to arrange for the file to be placed before the Chief Justice.

Citation
[2004] KEHC 1554 (KLR)
Parties
Appellant: Florence Kombo; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
30 January 2004
Case Number
? 60 of 2003
Procedural Posture
Civil Case / Ruling on Preliminary Application for Referral to Chief Justice
Outcome
Objection overruled; application to be placed before the Chief Justice for directions.
Legal Topics
Fundamental Rights Violation, Application for Redress, Procedure for Constitutional Reference
Source Language
English
Constitutional Law Fundamental Rights Violation Application for Redress Procedure for Constitutional Reference

Case Brief

Summary, issues, holding and outcome

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Parties

Florence Kombo

Appellant

Republic

Respondent

Procedural Posture

Civil Case / Ruling on Preliminary Application for Referral to Chief Justice

Legal Issues

  1. 1 Whether the applicant is entitled to have her application placed before the Chief Justice for directions under the Constitution.
  2. 2 Whether the application should have been made under Section 67 of the Constitution with issues framed by the trial magistrate.
  3. 3 Whether the applicant's rights under sections 72 and 77 of the Constitution have been violated.

Ratio Decidendi

The court held that since the application was not brought under Section 67 of the Constitution, but rather as an application for redress under Section 84(1) for alleged violations of fundamental rights, the objection by the respondent was overruled. The court found that the applicant was entitled to have the matter placed before the Chief Justice for directions as provided by the Constitution and the relevant procedural rules. The Deputy Registrar was accordingly ordered to arrange for the file to be placed before the Chief Justice.

Court Disposition

Objection overruled; application to be placed before the Chief Justice for directions.

Orders

  • The Deputy Registrar is ordered to arrange to place this file before the Honourable the Chief Justice for directions.