Fred Okengo Matiang’i, Cabinet Secretary, Ministry of Interior and Coordination of National Government & 6 others v Miguna Miguna; Kenya National Commission on Human Rights (Interested Party) [2021] KECA 511 (KLR)
- Court
- Court of Appeal
- Case number
- 511
- Citation
- [2021] KECA 511 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution pending appeal against the Ruling and Orders of the High CourtCoramR.N. NAMBUYE, W. KARANJA, M. WARSAME
Holding
Application dismissed with no order as to costs.
Facts
Respondent Miguna Miguna was arrested and his passport withdrawn. He was declared a non-citizen and deported. He filed an application seeking several conservatory orders.
Issues
- Whether the learned judge proceeded to give an order suspending the declaration of the National Resistance Movement as a criminal organization in the absence of submissions being made or evidence adduced in support of the same.
- Whether the appeal will be rendered nugatory if the orders sought are not granted.
Reasoning
The Court found that the respondent raised substantial constitutional and legal questions regarding the actions taken against him. The applicants failed to demonstrate the nugatory aspect of the appeal.
Outcome
Dismissed with no order as to costs
Authorities cited
Cases cited (2)
- Kenya Tea Growers Association & Another v. Kenya Planters & Agricultural Workers Union , CA. No. Nai. 72 of 2001
- Somak Travels Limited -versus- Gladys Aganyo (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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