Philip Njoroge Kimani v Liberty Africa Technologies Limited & another [2021] KEHC 3423 (KLR)
- Court
- High Court of Kenya
- Case number
- 3423
- Citation
- [2021] KEHC 3423 (KLR)
- Decided
- 7 October 2021
The Court finds the Petition does not meet the threshold of a Constitutional Petition and is instead a contractual dispute.
Facts
The Petitioner, Philip Njoroge Kimani, sought access to revenue reports and statements from Liberty Africa Technologies Limited and Safaricom Limited regarding his musical works on the 'Skiza Tunes' platform. The Petitioner claimed these refusals violated his rights under Articles 35(1)(b) and 43 of the Constitution of Kenya, 2010.
Issues
- Whether the Petition meets the threshold of a Constitutional Petition.
- Whether the Petitioner's right to access information has been infringed by the Respondents.
Reasoning
The Court ruled that the Petitioner failed to set out the provisions allegedly infringed and the manner of infringement in his petition, thus failing to meet the threshold for a Constitutional Petition. The Court also found that the Petitioner's claim is a contractual dispute rather than a constitutional one.
Outcome
The Petition is dismissed.
Authorities cited
Legislation (3)
- Constitution of Kenya, 2010
- Anarita Karimi Njeru v. Republic (1979) eKLR
- Kiambu County Tenants Welfare Association v. Attorney General & another (2017) eKLR
Cases cited (2)
- Anarita Karimi Njeru v. Republic (1979) eKLR
- Kiambu County Tenants Welfare Association v. Attorney General & another (2017) eKLR
Loading judgment…