BELLEVUE DEVELOPMENT COMPANY LTD
V.
FRANCIS GIKONYO & 3 OTHERS

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] On 5^th November 2018, the Petitioner filed the instant Petition pursuant to the provisions of Article 163(4)(a) of the Constitution, Section 15(2) of the Supreme Court Act and Rules 3, 9 and 33 of the Supreme Court Rules. In the Petition, the Petitioner seeks a number of prayers viz;

(a) That the Judgment and decision of the Court of Appeal (Waki, M, M’Inoti and Kiage, JJA) dated 21^st September 2018 be set aside;

(b) A declaration that members of the Judiciary do not enjoy absolute immunity under Article 160(5) of the Constitution;

(c) A declaration that the decisions made by the 1^st and 2^nd Respondents violated, denied, infringed upon or contravened the Petitioner’s rights under Articles 27(1), 40 and 50(1) of the Constitution;

(d) A declaration that the 3^rd Respondent in purportedly presiding in a dispute between the Petitioner and the 4^th Respondent denied, infringed upon or contravened the Petitioner’s rights under Article 40 of the Constitut…