REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(CORAM: Tunoi, Ibrahim, Ojwang, Wanjala, Ndungu, SCJJ)
REFERENCE NO. 1 OF 2012
IN THE MATTER OF AN APPLICATION BY THE KENYA NATIONAL COMMISSION ON HUMAN
RIGHTS FOR AN ADVISORY OPINION UNDER ARTICLE 163(6) OF THE CONSTITUTION OF KENYA
-AND-
IN MATTER OF THE BILL OF RIGHTS AND FUNDAMENTAL RIGHTS AND FREEDOMS
UNDER ARTICLES 19, 20, 21, 22, 48 AND 50 OF THE CONSTITUTION OF KENYA
-AND-
IN THE MATTER OF SECTION 40 OF THE SUPREME COURT RULES, 2011 UNDER LEGAL
NOTICE NO. 141 OF 2011 MADE PURSUANT TO THE SUPREME COURT ACT (NO. 7 OF 2011) AND
ARTICLE 163(8) OF THE CONSTITUTION OF KENYA, 2010
-BY-
KENYA NATIONAL COMMISSION ON HUMAN RIGHTS.........APPLICANT
-AND-
THE HON. THE ATTORNEY-GENERAL..................1st INTERESTED PARTY
THE COMMISSION ON ADMINISTRATIVE JUSTICE
(OFFICE OF THE OMBUDSMAN).......................2nd INTERESTED PARTY
R U L I N G
BACKGROUND
[1] The applicant herein is the Kenya National Commission on Human Rights. The applicant, by way of …