A M M (Suing as the mother and next friend of the Minor S M) v [Particulars withheld] Schoool And Board of Governors [2016] KEHC 2103 (KLR)
- Court
- High Court of Kenya
- Case number
- 2103
- Citation
- [2016] KEHC 2103 (KLR)
- Decided
- 28 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Declaration and Preliminary ObjectionPosturePetitioner seeks declarations and preliminary objectionsCoramThe presiding judge
Holding
The deponent is competent to swear the affidavit, and the respondent's pleadings were filed within the required time.
Facts
Petitioner's child was taken from her home by the respondent's driver on June 13, 2016, and later placed in Tumaini Children's Home. The petitioner filed a children's case in Tononoka Children's Court, but the matter was not resolved. The petitioner then filed a petition in the High Court.
Issues
- Competence of respondent's deponent to swear affidavit
- Respondent's pleadings filed out of time
- Infringement of petitioner's child's constitutional rights
Reasoning
The deponent's authority was established through a letter of authority from the Board of Governors. The respondent's pleadings were filed within the 7-day period required by the rules.
Outcome
Petition dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
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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