JAMES KANYIITA NDERITU V. ATTORNEY GENERAL & DIRECTOR OF PUBLIC PROSECUTION

JUDGMENT OF THE COURT

1. The appellant, James Kanyiita Nderitu, filed a constitutional petition against the respondents claiming violation of his freedoms and fundamental rights under Chapter V of the old Constitution and contrary to Articles 25 (a) and (c), 28, 31, 40, 47, 49, 50 and 51 of the 2010 Constitution. More particularly, the appellant averred that his right to fair trial, freedom from torture, cruel, inhuman and degrading treatment as well as his right to privacy, protection of private property and fair administrative action were violated.

2. This Court has time and again underscored the place of fundamental rights and freedoms in the constitutional design. For instance, in Attorney General v. Kituo cha Sheria and 7 others [2017] eKLR this Court expressed itself as follows:

“The clear message flowing from the constitutional text is that rights have inherent value and utility and their recognition, protection and preservation is not an emanation of state largesse because they …