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JUDICIAL SERVICE COMMISSION & SECRETARY, JUDICIAL SERVICE COMMISSION
V.
KALPANA H. RAWAL

(2016) JELR 100500 (CA)

Court of Appeal 29 Jan 2016 Kenya
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Case Details

Suit Number:Civil Application Nai 308 of 2015
Judges:George Benedict Maina Kariuki, William Ouko, Jamila Mohammed, James Otieno Odek, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Judicial Service Commission & Secretary, Judicial Service Commission v. Kalpana H. Rawal [2015] eKLR

RULING OF G.B.M. KARIUKI, J.A.

1. The decision we are called upon to make has caused me anxiety not least because the issue whether or not which confers jurisdiction on this Court also confers the right of appeal has far reaching implications on the enforcement of the Bill of Rights. One school of thought suggests that we shall open a flood gate for appeals if we find that there is a right of appeal; on the other hand, the other school of thought suggests that if we find that Article 164 (3) merely confers jurisdiction on this court to hear appeals but does not confer a right of appeal, that interpretation will be too restrictive and will be bound to defeat the objectives of the Constitution on fundamental individual rights in the Bill of Rights and will deprive litigants of the right to access this court and thus impede access to justice. The decisions made by this court ought not only to provide legal luminosity and develop jurisprudence but also keep in tandem with contemporary aspi…

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