Centre for Rights Education and Awareness (CREAW) & 8 others v Attorney General & another (Petition 208 of 2012 & Miscellaneous Application 207 of 2012 (Consolidated)) [2012] KEHC 2894 (KLR) (27 July 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2894
- Citation
- [2012] KEHC 2894 (KLR)
- Decided
- 27 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition and ApplicationPostureApplication for consideration of Notice of Motion to be certified as urgent and granted leave to be interested parties in consequential proceedings; Application to strike out Notice of AppealCoramD.S. MAJANJA, DAS MAJANJA, Nyarangi
Holding
Application to strike out Notice of Appeal is incompetent and struck out with no order as to costs.
Facts
Petitioners sought orders including certification of urgency, leave to be interested parties, and strike out of Notice of Appeal. Respondents opposed the applications.
Issues
- Jurisdiction of the High Court to strike out Notice of Appeal
- Joinder of parties in matters concerning enforcement of fundamental rights and freedoms
Reasoning
The Court of Appeal has jurisdiction to hear and determine issues relating to the validity of the Notice of Appeal, including the capacity of the person lodging it. The High Court lacks jurisdiction to strike out the Notice of Appeal.
Outcome
Application struck out with no order as to costs
Orders
- Application to strike out Notice of Appeal is incompetent and struck out with no order as to costs
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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