Sharma v Attorney General & 3 others (Civil Appeal E065 of 2023) [2025] KECA 1470 (KLR) (12 September 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1470
- Citation
- [2025] KECA 1470 (KLR)
- Decided
- 12 September 2025
The Court of Appeal held that the High Court erred in declining jurisdiction and that the constitutional court can examine credible allegations of rights violations, especially where the facts are not in dispute.
Facts
The appellant, Anjlee Parveen Kumar Sharma, filed a constitutional tort claim in her personal capacity as the administrator of her late husband's estate. The petition arose from the fatal shooting of her husband by police officers.
Issues
- Whether the High Court had jurisdiction to hear and determine the constitutional tort claim
- Whether the State had violated the petitioner's fundamental rights
Reasoning
The court disagreed with the High Court's view that the existence of an ongoing criminal investigation removed the constitutional court's jurisdiction. The court emphasized that claims alleging violations of the right to life and related rights are not dependent on the outcome of a criminal trial.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Article 29 (Right to freedom and security of the person)
Cases cited (3)
- Rose Owira & 23 others v Attorney-General & another; Kenya National Commission on Human Rights & 4 others (Interested Parties) [2020] eKLR
- Alfred Lumiti Lusiba v Pethad Ranik Shantilal & 2 others [2016] eKLR
- Wanjiru Gikonyo & 2 others v National Assembly of Kenya & 4 others [2016] eKLR
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