Martin Muthike Ndambuki v Directline Assurance Co Ltd & 2 others [2021] KEHC 13388 (KLR)
- Court
- High Court of Kenya
- Case number
- 13388
- Citation
- [2021] KEHC 13388 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetitioner seeks declarations and orders against the 1st and 2nd RespondentsCorampresiding judge(s) not explicitly named
Holding
The Court finds the petition properly before the court and upholds the jurisdiction of the High Court to hear and determine applications for redress of a denial, violation or infringement of, or threat to, a right or fundamental freedom in the Bill of Rights.
Facts
The Petitioner is the 2nd defendant in NAIROBI CMCC NO. 5226 OF 2017, where an award of Kshs. 5,857,897/= was made and warrants were issued. He claims his right to be heard was violated.
Issues
- Whether the petition is properly before this honourable court
- Whether the 2nd Respondent should interfere with the regulations set out under section 5 (b) of the Insurance (Motor Vehicles Third Party Risks) Act in favor of the petitioner
Reasoning
The Court considers the jurisdiction of the High Court under Article 165 of the Constitution and Article 23(1), concluding that the petition is properly before the court.
Outcome
The petition is upheld.
Authorities cited
Legislation (9)
- Article 165 of the Constitution of Kenya
- Article 23(1) of the Constitution of Kenya
- Article 50(1) of the Constitution of Kenya
- Article 40, 43, 46, 47 & 50(1) of the Constitution of Kenya
- Insurance (Motor Vehicles Third Party Risks) Act, Cap 405
- Consumer Protection Act, Cap 46
- Limitation of Actions Act, Cap 22
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms)
- Enforcement of the Constitution Practice and Procedure Rules, 2013
Cases cited (1)
- C N M v W M G [2018] eKLR
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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