[2017] KEHC 2694 (KLR)
The court found that the petitioner, as a citizen, is entitled to exercise his political rights under Article 38 of the Constitution, specifically the right to vote in the upcoming presidential election. The court allowed the petition to ensure the petitioner could participate in the election. Regarding the...
Source-derived case information.
- Citation
- [2017] KEHC 2694 (KLR)
- Parties
- Petitioner: Joshua Kobia Mweti; Respondent: Public Prosecution
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Constitutional Application 12 of 2017
- Procedural Posture
- Constitutional Review / Judgment
- Outcome
- petition allowed in part
- Judges
- CM Kamau
- Legal Topics
- Political Rights, Prisoners Rights, Right to Vote
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Kobia Mweti
Petitioner
Public Prosecution
Respondent
Procedural Posture
Constitutional Review / Judgment
Legal Issues
- 1 Whether the petitioner is entitled to exercise his right to vote in the upcoming presidential election while in prison.
- 2 Whether the petitioner.s rights to safety and humane treatment at Manyani G K Maximum Prison have been infringed.
Ratio Decidendi
The court found that the petitioner, as a citizen, is entitled to exercise his political rights under Article 38 of the Constitution, specifically the right to vote in the upcoming presidential election. The court allowed the petition to ensure the petitioner could participate in the election. Regarding the petitioner.s complaints about his safety and treatment at Manyani G K Maximum Prison, the court declined to issue substantive orders due to the absence of a formal application and the recent nature of his transfer. However, the court reminded prison officers of their constitutional duty to respect and protect the petitioner.s rights and left the door open for the petitioner to seek...
Court Disposition
petition allowed in part
Orders
- The petitioner.s petition to exercise his right to vote in the presidential election is allowed.
- No substantive orders are issued regarding the petitioner.s safety and treatment at Manyani G K Maximum Prison.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT VOI
CONSTITUTIONAL REVIEW CASE NO 12 OF 2017
JOSHUA KOBIA MWETI........................PETITIONER
VERSUS
PUBLIC PROSECUTION....................RESPONDENT
JUDGMENT
1. This court has heard the Petitioner, Mr Sirima for the Respondent and read the Petition filed on 12th October 2017 and note that Mr Sirima, the Attorney General, though not party to the proceedings herein are not opposed to the said Petition. Indeed Article 38 the Constitution of Kenya, 2010 gives every citizen a right to make free political choices and to express his will for his candidate of choice. Accordingly, I hereby allow the Petitioner’s Petition filed on 12th October 2017 as the fresh presidential election will be held on 26th October 2017.
2. This court has also noted the contents or complaints of the Petitioner relating to his safety and treatment at Manyani G K Maximum Prison. In view of the fact that there is no formal application averring that his fundamental rights have been infringed upon and the fact that he was only transferred to Manyani G K Maximum Prison from Naivasha G K Maximum Prison on 21st October 2017 I am not inclined to grant any substantive orders relating to his safety and treatment.
3. Suffice it to state that the officers at Manyani G K Maximum Prison must keep at the back of their minds the provisions of Article 28 of the Constitution by Kenya to ensure the rights of the Petitioner are respected and protected. The Petitioner is at liberty to move this court appropriately in the event he is unable to resolve the issues with the Officer – in – Charge Manyani G K Maximum Prison.
4. It is however, hoped that the Petitioner shall be returned to Naivasha G K Maximum Prison after he votes and/or for the Officer – in Charge Manyani G K Maximum Prison to direct the movement and/or transfer of the Petitioner in accordance with his authority which shall not be dictated by this court, unless this court was to find otherwise following a formal application, if any by the Petitioner.
5. It is so ordered.
DATED and DELIVERED at VOI this 23rdday of October2017
J KAMAU
JUDGE
In the presence of:-
Joshua Kobia Mweti- Petitioner
Sirima - for Respondent
Josephat Mavu– Court Assistant