JUDGMENT OF THE COURT
1. The era ushered in by the Constitution of Kenya 2010 is characterized by palpable empowerment of Kenyans who today are so emboldened and assertive in enforcing their legal and constitutional rights, a phenomenon that contrasts sharply with their erstwhile modus operandi. The Constitution of Kenya provided at full throttle rights under a robust Bill of Rights in Chapter 4. It also creates obligations on public officers charged with the responsibility of managing public institutions, public affairs and public resources. Through devolution, the People of Kenya took back in the Constitution the right to manage their public affairs by asserting their sovereignty, the most formidable instrument. Under Article 22(1) of the Constitution, “every person has the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened.”
2. The record of this appeal shows that Kariuki Rui…