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Adrian Kamotho Njenga v. Cabinet Secretary, Ministry of Information Communication and Technology, Communications Authority of Kenya, Paul Kukubo, Mugambi Nandi, David Cheruiyot Kitur, Levi Obonyo Owino, Christopher Guoy Huka, Patricial W Kimama & Kentice L Tikolo

(2020) JELR 105551 (SC)

Supreme Court  •  Petition 15 of 2019  •  4 Sep 2020  •  Kenya

David Kenani Maraga, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu



[1] Before the Court is a Preliminary Objection raised by the 2nd to 9th Respondents dated 19th June 2019, urging this Court to dismiss the Petition of Appeal on the following grounds:

(i) That the appeal before the Court is defective as the same has been brought in a manner contrary to Article 163 (4) of the Constitution, neither does it meet the threshold set by the same Article.

(ii) That the appeal does not concern the interpretation and/ or application of the Construction

(iii) That the Petitioner has not obtained certification of the present Appeal from either the Court of Appeal or this Honourable Court as raising any matter of general public importance to warrant consideration of the Appeal by this Court.


[2] The genesis of this matter is a Petition No. 203 of 2016 filed by Appellant at the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi, where he sought several declarations that; actions of the respondent were in vio…

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