SAMUEL NDUNG’U GITAU v THE SENIOR RESIDENT MAGISTRATE, CHIEF MAGISTRATE’S COURT AT KIAMBU & 3 others [2012] KEHC 565 (KLR)
- Court
- High Court of Kenya
- Case number
- 565
- Citation
- [2012] KEHC 565 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypePetition for Enforcement of Fundamental RightsPostureRespondents and Interested Parties opposed the petitionCoramPresiding Judge
Holding
The court finds no violation of the petitioner's constitutional rights under Articles 27, 29(a), 47, 49, and 50(i) (n).
Facts
The petitioner contracted to supply cement to the Interested Parties, but failed to do so, leading to criminal charges. The petitioner claims violation of constitutional rights.
Issues
- Whether the prosecution of the petitioner in Criminal Case No. 2420 of 2011 violates his constitutional rights under Articles 27, 29(a), 47, 49, and 50(i) (n)
Reasoning
The court considers the petitioner's allegations and finds insufficient evidence to support a violation of his rights under the Constitution.
Outcome
The petition is dismissed
Authorities cited
Legislation (2)
- Penal Code
- Constitution of Kenya
Cases cited (1)
- Trusted Society of Human Rights v Attorney General & Others High Court Petition No. 229 of 2012
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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