pili kisenga vs attorney general 2022 tzhc 14172 27 october 2022

pili kisenga vs attorney general 2022 tzhc 14172 27 october 2022

The petitioner failed to provide evidence that the impugned provisions personally infringed her rights or were ineffective in realizing justice. The challenged provisions are justified as exceptions for public interest, do not deny the right to be heard, and are not discriminatory. The petition is devoid of merit and is dismissed.

Citation
pili kisenga vs attorney general 2022 tzhc 14172 27 october 2022
Parties
Petitioner: Pili Kisenga; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2022
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed with costs
Legal Topics
Government Proceedings, Equality Before the Law, Execution of Judgments, Discrimination, Right to Fair Hearing
Source Language
English
Constitutional Law Civil Procedure Government Proceedings Equality Before the Law Execution of Judgments Discrimination Right to Fair Hearing

Case Brief

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Parties

Pili Kisenga

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether sections 6A, 16(3), and 16(4) of the Government Proceedings Act as amended are unconstitutional for violating Article 13(4), (5), and (6)(a) of the Constitution regarding equality before the law
  2. 2 If unconstitutional, whether the impugned provisions should be expunged immediately without giving the Government time to amend

Ratio Decidendi

The petitioner failed to provide evidence that the impugned provisions personally infringed her rights or were ineffective in realizing justice. The challenged provisions are justified as exceptions for public interest, do not deny the right to be heard, and are not discriminatory. The petition is devoid of merit and is dismissed.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed
  • Petitioner to pay costs