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EXPRESS CONNECTIONS LIMITED & 11 others v ATTORNEY GENERAL & another [2009] KEHC 3268 (KLR)

[2009] KEHC 3268 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3268
Citation
[2009] KEHC 3268 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypePetition for Fundamental Rights and Freedoms ViolationPosturePetition filed under sections 75, 81, 82 & 84 of the Constitution of Kenya, accompanied by a Chamber Summons for conservatory ordersCoramGeorge Dulu
Holding

The Chamber Summons is certified as urgent and the respondents are to be served immediately. The petitioners' prayer for conservatory orders is declined at this stage.

Facts

Petitioners alleged that Legal Notices restricted or prevented their public service commercial motor vehicles from operating or reaching the Central Business District in Nairobi. The Legal Notice in question was issued more than a year ago.

Issues

  1. Contravention of fundamental rights and freedoms under sections 75, 81, 82 & 84 of the Constitution of Kenya
  2. Discrimination against petitioners' business of transporting customers to Kencom, Ambassador and Gill House bus terminus within the Central Business District

Reasoning

The Legal Notice was issued more than a year ago, and the judge cannot fathom the consequences of granting the prayer for conservatory orders at this stage. The judge will hear all parties involved before making any conservatory orders.

Outcome

The petitioners' prayer for conservatory orders is declined.

Orders

  • The Chamber Summons dated 10th June, 2009 is certified as urgent.
  • It will be served on the respondents immediately.
  • Hearing inter partes on 24th June, 2009.

Authorities cited

Legislation (2)
  • Constitution of Kenya
  • High Court Practice and Procedure Rules 2006
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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