Fredrick Kivuti & 22 others v Secretary County Government of Embu & 2 others [2018] KEHC 1747 (KLR)
- Court
- High Court of Kenya
- Case number
- 1747
- Citation
- [2018] KEHC 1747 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondents/Applicant Notice of Motion applicationCoramLenaola, Mabeya, Majanja
Holding
The High Court has jurisdiction to hear and determine applications for redress of a denial, violation or infringement of a right or fundamental freedom in the Bill of Rights.
Facts
Petitioners filed a constitutional petition claiming the respondents were violating their right to occupy and live in residential houses owned by the County Government of Embu. The petition alleged the respondents were evicting them without violating the terms of their tenancies.
Issues
- jurisdiction of the High Court
- constitutionality of the actions complained of
- violation of property rights
Reasoning
The court ruled that the High Court, not a constitutional court, has jurisdiction to hear the petition. The court emphasized that specific mechanisms for resolution of disputes must be followed.
Outcome
The court dismissed the petition.
Orders
- dismiss the suit herein for want of prosecution
- vacate and/or set aside the orders issued on 12th October 2016
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Civil Procedure Rules
Cases cited (2)
- Owners of Motor Vessel 'Lillian S' vs Caltex Oil (Kenya) Ltd
- Judicial Service Commission vs Gladys Boss Shollei & another
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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