Dismas Wambola v Cabinet Secretary, Treasury & 5 others [2017] KEHC 8777 (KLR)
- Court
- High Court of Kenya
- Case number
- 8777
- Citation
- [2017] KEHC 8777 (KLR)
- Decided
- 12 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetitioner seeks to strike the petitionCoramFletcher Moulton L., Law, Madan, Ojwang
Holding
The preliminary objection is unsustainable and dismissed with costs to the petitioner
Facts
The petitioner filed a petition against the Respondents seeking to strike the petition due to its hopelessness.
Issues
- Whether the petition should be struck out
- Relevance and admissibility of the arguments based on Article 35 of the Constitution and Access to Information Act
Reasoning
The court found the petition to be hopeless and dismissed the preliminary objection, emphasizing the right to a hearing and the duty to do justice.
Outcome
Petition dismissed with costs
Authorities cited
Legislation (4)
- Article 35 of the Constitution
- Access to Information Act
- Misc Civil App. No. 116 of 2015
- Act No. 31 of 2016
Cases cited (5)
- DT Dobie Co Ltd vs. Muchina
- Dyson Vs. Attorney General
- Roger Vs Comptoir D' Escompts De Paris
- Richard Nchapai Leiyangu vs IEBC & 2 others
- Agip Kenya Ltd vs Highlands Tyres Ltd
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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