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Monica Wangu Wamwere v. Attorney General

(2019) JELR 98957 (CA)

Court of Appeal  •  Civil Appeal 188 of 2017  •  28 Jun 2019  •  Kenya

Mohammed Abdullahi Warsame, Patrick Omwenga Kiage, Agnes Kalekye Murgor



Monica Wangu Wamwere (the appellant) filed a petition at the High Court’s Constitutional and Human Rights Division on 15th May 2013 seeking redress on account of contravention and violation of her fundamental rights and freedoms. She described herself as an old lady having been born in the year 1930 and the mother of Koigi Wamwere; the famous politician and former political prisoner known for his ardent activism against human rights violations and his brother Charles Kuria Wamwere who was equally a political activist. Being the mother of two renowned activists during the Moi era brought her great pain and suffering.

The events constituting her suffering during the above mentioned period necessitated the Petition against the Attorney General (the respondent). It was pleaded that the appellant’s fundamental rights and freedoms under Article 25 (a), 29 (a), 29 (c), 29 (d) and 29 (f), 39 (3) and 40 (1) (a) and (b) of the Constitution (formerly Section 74 and 75 of the …

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