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COI & ANOR
V.
CHIEF MAGISTRATE UKUNDA LAW COURTS & 4 ORS

(2018) JELR 103426 (CA)

Court of Appeal 22 Mar 2018 Kenya
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Case Details

Suit Number:Civil Appeal 56 of 2016
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Mombasa
Other Citations:COI & another v. Chief Magistrate Ukunda Law Courts & 4 others [2018] eKLR

JUDGMENT OF THE COURT

1. The Constitution of Kenya 2010, unlike our previous one, enshrines a detailed, liberal and robust Bill of Rights. Additionally, the strictures on standing and remedies capable of being issued for violation and/or enforcement of the fundamental freedoms and rights thereunder, which were present in the former constitutional order, are no more. This constitutional milestone was aptly set out by this Court in Attorney General v. Kituo Cha Sheria and 7 others [2017] eKLR as follows:-

“On the application of the Bill of Rights, Article 20 is couched in wide and all-pervasive terms, declaring the Bill of Rights to apply to all law and to bind all state organs and all persons... It is provided for in expansive terms declaring that its rights and fundamental freedoms are to be enjoyed by every person to the greatest extent possible. The theme is maximization and not minimization; expansion, not constriction; when it comes to enjoyment and, concomitantly facilitation and i…

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