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OMWOYO
V.
ATTORNEY GENERAL & 4 ORS

(2024) JELR 112847 (HC)

High Court 13 Jun 2024 Kenya
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Case Details

Suit Number:Constitutional Petition E045 of 2023
Judges:OA Sewe, J
Location:Mombasa

Ruling

[1] This ruling is in respect of the Notice of Preliminary Objection dated 14th September 2024. The Notice was filed by the 4th respondent, St. Peters Orthopedic and Specialty Centre, seeking the striking out of the Petition dated 20th August 2023 on the following grounds:

(a) That the Petition makes no allegation of any infringement or violation of the petitioner’s rights by the 4th respondent or any other party.

(b) The Petition does not set out with adequate precision the petitioner’s complaint, the provisions of the constitution infringed and the manner in which they are alleged to be infringed as held in the case of Anarita Karimi Njeru v Republic [1979] eKLR.

(c) That the petitioner has also failed to plead any particulars of such infringement as required to meet the constitutional threshold as set out in the case of Mumo Matemu v Trusted Society of Human Rights Alliance v 5 Others [2013] eKLR.

(d) The Petition does not state in clear, concise and precise manner the correlatio…

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