LNM (A minor suing through mother and next friend SWK) v Winpride Girls Secondary School (Constitutional Petition E001 of 2022) [2023] KEHC 21043 (KLR) (26 July 2023) (Judgment)
- Court
- High Court of Kenya
- Case number
- 21043
- Citation
- [2023] KEHC 21043 (KLR)
- Decided
- 26 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureStruck out with costsCoramLM NJUGUNA
Holding
The petition is wrongly before this court and is struck out with costs to the respondent.
Facts
The petitioner, a minor, was assaulted with hot water by a fellow student on May 22, 2021, resulting in burns on her right leg. She was not provided with emergency medical treatment and was held in a dormitory. She later sought treatment at a medical facility and claimed medical expenses.
Issues
- Negligence by the respondent in denying emergency medical treatment
- Infringement of constitutional rights
Reasoning
The court finds that the matter should have been heard as a civil case, not a constitutional petition, as the petitioner's claim is a tortuous claim of negligence.
Outcome
Struck out with costs
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Civil Procedure Act
Cases cited (5)
- Stephen Saitoti Kapaiku v. Cocacola Sabco Nairobi Bottlers Limited & another Petition 338 of 2012
- Peter Ndegwa Kiai T/A Pema Wines & Spirits v. Attorney General & 2 others (civil Appeal 243 of 2017) (2021) KECA 328 (KLR)
- Peter M Kariuki v. Attorney General (2014) eKLR
- Standard Newspapers Limited & Another v. Attorney General & 4 Others (2013) eKLR
- Abdulhamid Ebrahim Ahmed v. Municipal Council of Mombasa (2004) 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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