B .A & ANOR
V.
STANDARD GROUP LIMITED & 2 ORS

JUDGMENT OF THE COURT

This an appeal from the decision of Mumbi Ngugi, J in Constitutional

Petition No. 48 of 2011 (hereinafter the Petition) filed by the 2^nd appellant on behalf of the 1^st appellant, citing violations of constitutional rights and freedoms under Articles 28, 31 and 53(2) of the Constitution.

Background

2. The 2^nd appellant, [D.A.O.] mother to the 1^st appellant, [B.A.], filed a constitutional petition dated 21^st March 2011 in the High Court as next friend of the 1^st appellant against STANDARD GROUP LIMITED [1^st respondent], CHILDREN OF GOD RELIEF INSTITUTE NYUMBANI [2^nd respondent] and LEA TOTO PROGRAMME, [3^rd respondent]. Her petition was supported by her affidavit sworn on 21^st March, 2011.

The cause of action was founded on a publication carried by the 1^st respondent on 23^rd December, 2007. The 2^nd appellant averred that on 8^th December 2007, the 2^nd and 3^rd respondents organised a 'fun day' for children from various homes to which the 1^st appellant was invited to attend…