B v Attorney General (Miscellaneous Civil Application 1609 of 2003) [2004] KEHC 2605 (KLR) (Civ) (23 April 2004) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2605
- Citation
- [2004] KEHC 2605 (KLR)
- Decided
- 23 April 2004
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from an original trialCoramJB OJWANG, J
Holding
The High Court had jurisdiction to entertain any complaint.
Facts
The applicant sought an injunction to prevent the deportation of a minor pending the hearing of a substantive application.
Issues
- Whether the non-issuance of rules in respect of section 22(3) of the Children Act, 2001 compromised the jurisdiction of the High Court.
- Whether injunctive relief could issue against the Government to protect the rights of a child.
- What constituted a preliminary objection.
Reasoning
The court held that the non-issuance of rules in respect of section 22(3) of the Children Act, 2001 could not compromise the jurisdiction of the High Court to resolve disputes relating to claims under the Act.
Outcome
The applicant's request for an injunction was granted.
Orders
- A temporary injunction was issued to restrain the respondent from executing the deportation order pending the hearing and determination of the substantive case.
Remedies
- The costs of the application shall be in the cause.
Authorities cited
Legislation (2)
- Children Act, No 8 of 2001
- Civil Practice and Procedure
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