[2005] KEHC 3189 (KLR)

[2005] KEHC 3189 (KLR)

The High Court held that once it has delivered a ruling in a constitutional reference under Section 84 of the Constitution, it becomes functus officio and lacks jurisdiction to review its own decision. The only remedy available to an aggrieved party is to appeal to the Court of Appeal as provided by Section 84(7). The court further held that it cannot grant reliefs, such as general damages, that were not specifically pleaded or sought in the original application. The Civil Procedure Rules, including Order XLIV on review, do not apply to constitutional references, as the Constitution and the rules made thereunder provide a comprehensive and exclusive procedure. The application for review...

Citation
[2005] KEHC 3189 (KLR)
Parties
Applicant: Samuel Muciri W’Njuguna; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 January 2005
Case Number
? 550 of 2004
Procedural Posture
Criminal Application / Ruling on Application for Review of Constitutional Reference Decision
Outcome
application dismissed with costs
Legal Topics
Fundamental Rights Enforcement, Review of Judgments, Functus Officio, Damages for Rights Violation
Source Language
English
Constitutional Law Civil Procedure Fundamental Rights Enforcement Review of Judgments Functus Officio Damages for Rights Violation

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Parties

Samuel Muciri W’Njuguna

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Application for Review of Constitutional Reference Decision

Legal Issues

  1. 1 Whether the High Court, sitting as a constitutional court, can review its own decision after delivering a ruling under Section 84 of the Constitution.
  2. 2 Whether the applicant is entitled to general damages for violation of fundamental rights when such damages were not specifically pleaded in the original application.
  3. 3 Whether the Civil Procedure Rules, specifically Order XLIV on review, apply to constitutional references under Section 84 of the Constitution.

Ratio Decidendi

The High Court held that once it has delivered a ruling in a constitutional reference under Section 84 of the Constitution, it becomes functus officio and lacks jurisdiction to review its own decision. The only remedy available to an aggrieved party is to appeal to the Court of Appeal as provided by Section 84(7). The court further held that it cannot grant reliefs, such as general damages, that were not specifically pleaded or sought in the original application. The Civil Procedure Rules, including Order XLIV on review, do not apply to constitutional references, as the Constitution and the rules made thereunder provide a comprehensive and exclusive procedure. The application for review...

Court Disposition

application dismissed with costs

Orders

  • The application for review is dismissed with costs to the respondent.