Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 8 others (Interested Parties) (Petition 56, 58 & 59 of 2019 (Consolidated)) [2020] KEHC 8772 (KLR) (Constitutional and Judicial Review) (30 January 2020) (Judgment)
- Court
- High Court of Kenya
- Case number
- 8772
- Citation
- [2020] KEHC 8772 (KLR)
- Decided
- 30 January 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional and Judicial ReviewPostureAppeal from the High Court at Nairobi (Milimani Law Courts)CoramNgcobo, Chelameswar, Dr. Chandrachud, Israel HC, Julian, Lenaola, Majanja, Mativo, Mutunga, Ngcobo, Odunga, P. O. Kiage, Sachs, W. Korir, WK KORIR
Holding
The amendments were found to be unconstitutional due to lack of public participation and conflict with constitutional rights.
Facts
Petitioners challenged the amendments to the Registration of Persons Act through the Statute Law (Miscellaneous Amendment) Act No. 18 of 2018, alleging violations of constitutional rights and procedural issues.
Issues
- Legality of legislative process leading to the enactment of Statute Law (Miscellaneous Amendment) Act No. 18 of 2018
- Constitutionality of amendments to the Registration of Persons Act
- Constitutionality of NIIMS and its impact on privacy and equality rights
Reasoning
The court found that the legislative process was unconstitutional due to lack of public participation and that the amendments violated the right to privacy and equality.
Outcome
The amendments were declared unconstitutional.
Orders
- The Respondents were ordered to proceed with the implementation of NIIMS under a compliant regulatory framework
Remedies
- The Respondents were ordered to enact a compliant regulatory framework
Authorities cited
Legislation (3)
- Registration of Persons Act
- Statute Law (Miscellaneous Amendment) Act No. 18 of 2018
- Constitution of Kenya, 2010
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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