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GITOBU IMANYARA, NJEHU GATABAKI & BEDAN MBUGUA V. ATTORNEY GENERAL

(2016) JELR 101808 (CA)

Court of Appeal  •  Civil Appeal 98 of 2014  •  19 May 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Jamila Mohammed, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Lenaola, J.) delivered on 14th June, 2013 in which the learned Judge awarded HON. GITOBU IMANYARA (the 1st appellant herein ) a sum of Kshs. 15 Million, HON. NJEHU GATABAKI (the 2nd appellant herein ) a sum of Kshs. 10 Million, and BEDAN MBUGUA (the 3rd appellant herein) a sum of Kshs. 7 Million for general damages arising out of breach of the appellants' fundamental rights and freedoms as enshrined under Articles 28, 29, 31, 33(1), 34(1), 34(2), 37, 39 and 40(1) of the Constitution 2010 and Sections 72(1), 72(2), 72(3), 72(5), 74(1), 75(1), 76(1), 77(1), 77(2), 79(1), 80(1) and 81(1) of the Repealed Constitution by agents of the State of Kenya on various occasions and in different circumstances.

The appellants' respective petitions before the High Court were premised on several Constitutional grounds and averments contained therein. The petitions were supported by the appellants' respective affidavits sworn o…

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