Concluded Cases

Concluded Court Cases

 

Petition No. 115 of 2013

Kituo cha Sheria v. The Attorney General et al

Concluded

In December 2012, the Minister for Internal Security issued a Directive requiring all urban refugees to go reside in refugee camps (The encampment policy). The Directive was challenged in Court. KI joined the case as Amicus Curiae (Friend of the Court). The Court’s judgement adopts a significant portion of KI’s arguments, including the applicability of international law in Kenya, fair administrative action, dignity and the manner in which Article 24 is to be applied.

Find the Judgement here: http://kenyalaw.org/caselaw/cases/view/84157

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Advisory
No. 2 of 2013 at the Supreme Court of Kenya (The Senate vs. National Assembly)

Concluded

This case involved the question whether the Senate had a role in the passage of the Division of Revenue Act. KI was admitted as an Amicus in the case and argued that Senate was required to participate in the passage of the Act. In an advisory opinion rendered on November 1, 2013, the Supreme Court found that DREB was a matter concerning County government and hence rejected the argument that Senate had no role in the passage of the Bill.

See Judgement here: http://kenyalaw.org/caselaw/cases/view/91815/

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Petition No. 496 of 2013 – Commission for the Implementation of the Constitution v. the Parliament of Kenya

Concluded

This Petition concerned a challenge on an attempt by the National Assembly to amend Article 260 of the Constitution in order to remove Members of Parliament, Judicial officers and Members of County Assemblies from the definition of state officers. KI was enjoined by the Court as amicus curiae in the case and argued that the implication of the amendment would severely undermine Chapter Six of the Constitution on Leadership and Integrity. The Court agreed with the arguments of KI and the Petitioners warning parliament that its amendment process risked being declared unconstitutional unless it was itself not inimical to other provisions of the constitution and/ or the process followed by Parliament was unconstitutional, but refrained from stopping parliament from dealing with the bill. However the Court in its judgement invited petitioners to seek further remedies if the bill was passed in an unconstitutional manner.

See Judgement here: http://kenyalaw.org/caselaw/cases/view/93336/

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Petition No. 280 of 2013 – Westlands Environmental Caretaker Group v. County Government of Nairobi et al

The Petitioners are small scale traders who have been selling plants and flowers at a road reserve/riparian in Nairobi since 1984 opposed to a notice from the County government requiring them to vacate the premises in 48 hours failing which they would be forcefully evicted. KI intervened in the Court on their behalf and on January 15, 2014, the Court ruled that the County government had violated the Petitioners Constitutional and natural justice rights.

See Judgement here:http://kenyalaw.org/caselaw/cases/view/93911/

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Petition No. 305 of 2012 Consolidated with Petition 34 of 2013 – High Court at Machakos. Eric Mutua v. The Attorney General et al

This is a case involving the Coal Mining at the Mui Basin. KI is enjoined in the case as amicus curiae and intends to argue on the lack of transparency and accountability as well as failure to involve the public in the process as being a violation of Article 10 of the Constitution.

See the Ruling here:http://kenyalaw.org/caselaw/cases/view/95572/

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Ongoing

 

Petition No. 324 of 2013 and Criminal Case Number 895 of 2013
On May 14, 2013 members of Kenyan civil society and members of the general public staged a demonstration in Nairobi to highlight integrity concerns relating to Members of Parliament who were trying to unconstitutionally assign themselves higher salaries and benefits. Police disrupted the demonstration and a number of civil society members (17) were arrested and charged in criminal court. The accused however challenged their arrest and charges at the High Court and they were granted a stay order pending the determination on whether their constitutional rights were violated.

KI has been participating in both cases

Judgement May 23, 2014

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Petition No. 71 of 2013 – The Institute of Social Accountability and The Centre for Enhancing Democracy and Good Governance v. The Constituency Development Fund et al

This matter challenges the Constitutionality of the Constituency Development Fund Act (CDFA) on the basis that it violates the Constitutional principles of public finance, separation of powers, public participation, good governance, accountability and that it is inimical to devolution.

The hearing is set for May 8, 2014.

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Petition No. 282 of 2012, at the High Court in Nairobi

Nathan Muhangani Shimwenyi v. The Attorney General and Others

This case examines the constitutionality of the common practice of Kenyan hospitals to detain patients who have not paid their bills KI argues that this is in violation of the constitutional right to liberty and of Article 43(1)(a) on access to health care services.

The case is awaiting a hearing date.

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Petition 593 of 2013 High Court Nairobi Okiya Omtatah Okoiti v Attorney-General

KI was involved as amicus curiae in a case brought to clarify the extent to which health services are devolved to counties under the Constitution. At the time of writing the judgment is awaited. This is the first major case to be litigated about the powers of counties under Schedule 4 of the Constitution.

Judgement June 6, 2013

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Petition No. 6 of 2012 at Malindi High Court

This Petition challenges government’s failure to involve the people of Lamu in the decision making on matters relating to LAPSSET, including on their relocation, compensation, environmental and social impact of the project. KI is litigating the case on behalf of the community. The matter is awaiting the empanelment of a three judge bench following a certification that it raises a substantive issue of law.

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Petition No. 440 of 2013 – Eric Gitari v. The Attorney General

The Petition involves a dispute between the Eric Gitari and the Non Governmental Coordination Board (Board). Mr. Gitari had applied for the registration of an LGBTIQ organization and his registration was rejected by the Board on account that the names proposed were unacceptable (because they contained the terms gays and lesbian). KI has been admitted in the case and intends to argue that the failure to register the organization violates numerous provisions of the constitution, including association, expression, dignity, security of the person and non-discrimination

The court certified the matter as raising a substantive issue of law and the Chief Justice appointed a three-judge Bench to hear the matter. Hearing is set for May 22, 2014