Thomson Kerongo & another v Stephen Kalonzo Musyoka & 2 others [2021] KEHC 6089 (KLR)
- Court
- High Court of Kenya
- Case number
- 6089
- Citation
- [2021] KEHC 6089 (KLR)
- Decided
- 16 June 2021
The court dismissed the application to strike out the petition, finding that the petitioners had set out their case with reasonable precision and that the petitioners had not failed to follow the procedure prescribed under the Access to Information Act, 2016.
Facts
Petitioners filed a petition alleging violations of various constitutional provisions by the 3rd respondent (Safaricom). The petitioners sought orders compelling the 3rd respondent to disclose information related to M-Pesa Pay Bill number 672672.
Issues
- Whether the petition meets the threshold for a constitutional petition
- Whether the petitioners have exhausted the mechanisms for resolution of the dispute
Reasoning
The court emphasized the importance of precise drafting in constitutional petitions to ensure that each party is notified of the issues arising and to allow the court to be bound by the issues raised by the parties in their pleadings.
Outcome
The application to strike out the petition was dismissed.
Authorities cited
Legislation (3)
- Access to Information Act, 2016
- Leadership and Integrity Act, 2012
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Cases cited (4)
- Anarita Karimi Njeru v Republic Miscellaneous Criminal Application No 4 Of 1979 [1979] eKLR
- Mumo Matemu v Trusted Society of Human Rights & 5 others [2013] eKLR
- Raila Amolo Odinga & Another v IEBC & 2 others [2017] eKLR
- Gandy v Caspar Air Charters Ltd [1956] 23 EACA, 139
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