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MAXWEL GEORGE MURUNGARO MBUGUA
V.
ATTORNEY GENERAL

(2015) JELR 98207 (CA)

Court of Appeal 4 Nov 2015 Kenya
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Case Details

Suit Number:Civil Application 46 of 2015 (UR 31/2015)
Judges:David Kenani Maraga
Location:Kisumu
Other Citations:Maxwel George Murungaro Mbugua v. Attorney General [2015] eKLR

R U L I N G

The applicant claims to be among the internally displaced persons (IDP) following the 2007/2008 post-election skirmishes in the country. He further claims that he lost property worthy Kes1,500,000/= in those skirmishes. Later, he does not state say when, the Government undertook to pay each IDP Kes70,000/= but it paid him only Kes10,000/=. His pleas for the balance have not been heeded.

The applicant further claimed that despite being certified as one of the IDPs at Vihiga, the Government, in contravention of his constitutional rights, has refused to compensate him. Consequently, on 3rd July 2013, he filed a notice of motion application at Kakamega, which Dulu J took as a constitutional petition, and claimed for compensation in the sum of Kes1,560,000/= being his said loss of Kes1,500,000/= and the said balance of Kes60,000/= the Government had undertaken to pay to him.

On 14th May 2015, Dulu J dismissed the petition on two grounds. One, that the applicant did not establish a…

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