Republic v Cabinet Secretary Minister of Lands and Housing & another Ex Parte Johnstone Mutisya Kiamba; Barthlomew Nguthi Makau (Interested Party) [2019] KEELC 4777 (KLR)
- Court
- Environment & Land Court
- Case number
- 4777
- Citation
- [2019] KEELC 4777 (KLR)
- Decided
- 18 January 2019
Summary at a glance
Facts
The Petitioner/Applicant filed a Constitution petition under Articles 10, 22, 23, 40, 47 and 258 of the Constitution of Kenya, 2010, seeking various reliefs including a declaration of rights, an injunction, and an order of judicial review.
Issues
- Whether the entire suit offends Order 53 Rules 1, 2 and 3 of the Civil Procedure Rules
- Whether the Petitioner/Applicant has the requisite legal authority to institute the petition
- Whether the Honourable court has the requisite jurisdiction to entertain the matter
Reasoning
The court holds that there is no statutory period within which the Petitioner/Applicant ought to have filed the petition and that the grant of the reliefs or remedies are not subject to a period of limitation. The court also finds that the High Court has jurisdiction to uphold and enforce the Bill of Rights under Article 23 of the Constitution, but its jurisdiction is limited by Article 165(5)(b) of the said Constitution.
Outcome
Dismissal of preliminary objections with costs to the Petitioner/Applicant
Authorities cited
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