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Kariuki Kiboi v. Attorney General

(2017) JELR 100229 (CA)

Court of Appeal  •  Civil Appeal 90 of 2015  •  9 Jun 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

Kariuki Kiboi (the appellant) was among six other persons who filed Constitutional petitions against the Attorney General (the respondent), who was sued on behalf of the Government of Kenya at the Constitutional and Human Rights Division of the High Court at Milimani Law Courts in Nairobi. The petitions were based on events that took place in this country in the mid-1980s and 90s, a period which some historians like to refer to as the dark days of the Moi era.

The appellants were claiming in the main that some of their Constitutional rights, guaranteed them by the retired, and not so robust Constitution of Kenya, had been violated. It is not evident, why they did not sue earlier, but one can only surmise that they felt encouraged by the promulgation of the new Constitution on 27th August, 2010, which came with broader democratic space, an expanded Bill of rights, and a more vibrant and seemingly impartial judiciary.

It is noted that the appellant actually filed his …

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