Philiph Njuguna Waruthi v Millicent Grace Akoth Odhiambo Mabona & 2 others [2017] KEHC 8363 (KLR)
- Court
- High Court of Kenya
- Case number
- 8363
- Citation
- [2017] KEHC 8363 (KLR)
- Decided
- 12 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureRespondents' Application for Interim OrdersCoramM. Ibrahim, Muriithi, Musinga, Ngugi
Holding
The court denied the application for interim orders, directing the respondents to file their responses and the court to fix a date for hearing.
Facts
The petitioner sought declarations that the first respondent's statements violated various constitutional articles and oath of office, and requested an apology and injunction.
Issues
- Constitutional violations
- Oath of office violation
- Ethical requirements
- Apology and injunction
Reasoning
The court found no prima facie case and no real danger of prejudice, and determined that the case was not suitable for interim orders.
Outcome
Denied
Authorities cited
Legislation (5)
- Constitution of Kenya 2010
- Independent Electoral and Boundaries Commission Act 2011
- National Assembly (Powers and Privileges) Act 2010
- National Assembly Standing Orders
- Fourth Schedule to the Constitution of Kenya 2010
Cases cited (4)
- R. v. Secretary of State for Transport Ex parte Factortame Ltd. (1990) 1 AC 603
- Patrick Musimba v. The National Land Commission & 4 Others (HCCP No. 16 of 2011)
- Satrose Ayuma & 11 Others v. Registered Trustees of Kenya Railways Staff Retirement Benefits Scheme (2011) eKLR
- Centre for Human Rights and Democracy & 2 Others v. Judges and Magistrates Vetting Board & 2 Others (HCCP No. 11 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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