Dennis Mogambi Mang’are v Attorney General & 3 others [2012] KECA 251 (KLR)
- Court
- Court of Appeal
- Case number
- 251
- Citation
- [2012] KECA 251 (KLR)
- Decided
- 21 February 2012
The appeal is arguable, but the balance of convenience is not in favour of the applicant. The application for stay and/or injunction is dismissed. The intended appeal is heard and determined expeditiously.
Facts
The applicant, Dennis Mogambi Mang’are, an advocate of the High Court of Kenya, filed a petition in the High Court seeking declarations and orders regarding the constitutionality of the Vetting of Judges & Magistrates Act 2011 and for the stoppage of the Vetting process. The High Court rejected the petition.
Issues
- Whether section 23 of the 6th Schedule to the Constitution contradicts other substantive provisions of the Constitution
- Whether it undermines the security of tenure of the serving Judges under Article 167
- Whether it contradicts the Bill of Rights, especially with regard to rights of a fair trial
- Whether it offends several international instruments which are part of our laws
Reasoning
The court considers the public interest in the implementation of the Constitution and the vetting process, and finds that halting the process indefinitely would not be in the public interest.
Outcome
Application for stay and injunction dismissed
Orders
- Dismiss the application for stay and/or injunction
- Vacate the interim order for injunction given on 31st January, 2012
- Direct that the intended appeal be heard and determined expeditively
Authorities cited
Legislation (1)
- Vetting of Judges & Magistrates Act 2011
Cases cited (1)
- Municipal Council of Mombasa & Another v. Kenya Transport Association [2011] eKLR
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