Ndunda v Qatar Airways QCSC (Petition E417 of 2020) [2023] KEHC 22752 (KLR) (Constitutional and Human Rights) (29 September 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 22752
- Citation
- [2023] KEHC 22752 (KLR)
- Decided
- 29 September 2023
The court has jurisdiction to handle the petition as it falls within the scope of the Constitution and the Access to Information Act.
Facts
The petitioner, Joan Mumbua Muli Ndunda, alleges that her rights under articles 27, 35, and 47 of the Constitution, as read with section 4(b) of the Access to Information Act and section 4 of the Fair Administrative Action Act, were violated by the respondent, Qatar Airways. The petitioner seeks information related to her employment contract with the respondent, which was executed in Qatar.
Issues
- Whether the court has jurisdiction to handle the petition
- Whether the court can adjudicate on matters outside the territory of Kenya
Reasoning
The court's jurisdiction is provided for in Article 165(3) of the Constitution, which allows the High Court to have unlimited original jurisdiction in civil matters and to hear questions regarding the interpretation of the Constitution.
Outcome
The petition is allowed.
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- Fair Administrative Action Act
Cases cited (2)
- Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] EKLR
- The Matter of The Interim Independent Electoral Commission, Constitutional application number 2 of 2011
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