JUDGMENT OF THE COURT
Central to this appeal is the question whether the High Court Constitutional and Judicial Review Division has jurisdiction to determine the dispute on the basis that it was a matter that ought to be determined as a civil suit or under the National Cohesion and Integration Act ( NCIA), but not by way of a constitutional petition.
The appeal arose from a ruling and order made on 12th June 2014, that dismissed a preliminary objection filed on 2nd May 2016 by the appellant, Baobab Beach Resort and Spa Limited that sought to have a constitutional petition filed by the 1st respondent, Duncan Muriuki Kaguuru (Duncan) and the 2nd respondent Destination Africa DMC Limited (DMC) dismissed with costs.
The preliminary objection was premised on the grounds that;
a. The fundamental rights and freedoms set out in the Bill of rights applied vertically and not horizontally;
b. The Respondents’ prayers for relief as set out in paragraphs (a) and (c) of the petition constitute matters a…