[2012] KEHC 5538 (KLR)

[2012] KEHC 5538 (KLR)

The High Court declined to exercise jurisdiction on the basis that the petition did not disclose a real dispute or controversy as required by Article 165 of the Constitution. The court held that the issues raised by the petitioner were academic and not grounded in any actual or threatened violation of the Constitution or the petitioner's rights. Mere ratification of the Rome Statute and the existence of the ICC, without more, do not amount to a constitutional dispute. The petition was therefore struck out for failing to meet the threshold for judicial intervention under the Constitution.

Citation
[2012] KEHC 5538 (KLR)
Parties
Petitioner: Martin Winfred Njoroge Kibiro; Respondent: The Hon Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
17 December 2012
Case Number
Petition 485 of 2012
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection/strike Out
Outcome
Petition struck out for want of a real dispute or controversy.
Legal Topics
Treaty Ratification, Sovereignty of State, Jurisdiction of International Courts, Enforcement of Chapter Six, Public Office Eligibility
Source Language
English
Constitutional Law Treaty Ratification Sovereignty of State Jurisdiction of International Courts Enforcement of Chapter Six Public Office Eligibility

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Winfred Njoroge Kibiro

Petitioner

The Hon Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection/strike Out

Legal Issues

  1. 1 Whether the Rome Statute and the International Criminal Court breach the sovereignty of Kenya and are unconstitutional.
  2. 2 Whether the Ethics and Anti-Corruption Commission should disregard ICC actions in determining suitability for public office.
  3. 3 Whether the petition discloses a real dispute or controversy as required under Article 165 of the Constitution.

Ratio Decidendi

The High Court declined to exercise jurisdiction on the basis that the petition did not disclose a real dispute or controversy as required by Article 165 of the Constitution. The court held that the issues raised by the petitioner were academic and not grounded in any actual or threatened violation of the Constitution or the petitioner's rights. Mere ratification of the Rome Statute and the existence of the ICC, without more, do not amount to a constitutional dispute. The petition was therefore struck out for failing to meet the threshold for judicial intervention under the Constitution.

Court Disposition

Petition struck out for want of a real dispute or controversy.

Orders

  • The petition is hereby struck out.