Ndueyira v Inspector General of Police & 3 others (Employment and Labour Relations Appeal E038 of 2020) [2023] KEELRC 2092 (KLR) (18 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2092
- Citation
- [2023] KEELRC 2092 (KLR)
- Decided
- 18 May 2023
The court held that the statutes cannot bar adjudication on bill of rights and fundamental freedoms, and that the petitioner's petition raises constitutional issues that can be properly adjudicated under a constitutional litigation.
Facts
Petitioner Calistus Wanjala Ndueyira filed a petition against the Inspector General of Police and other respondents alleging violations of constitutional rights and fundamental freedoms.
Issues
- Whether statutes can bar adjudication on bill of rights and fundamental freedoms.
- Whether the petitioner's petition raises constitutional issues that can be properly adjudicated under a constitutional litigation.
Reasoning
The court noted that the Constitution provides for the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated, or infringed or is threatened. The court also referred to the Chief Justice's rules, which do not provide for limitation of time for institution of proceedings contemplated under articles 22 and 258 of the Constitution.
Outcome
The preliminary objection was dismissed.
Authorities cited
Legislation (3)
- Public Limitations Act
- Limitation of Actions Act
- Employment Act
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