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Muchiri Kiuma Maina v. Attorney General

(2018) JELR 98872 (CA)

Court of Appeal  •  Civil Appeal 118 of 2015  •  23 May 2018  •  Kenya

Coram
Daniel Kiio Musinga, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The facts of the case that was filed at the High Court of Kenya at Nakuru in Petition No. 34 of 2011 were largely undisputed. The appellant, Muchiri Kiuma Maina, sued the respondent, the Attorney General, on what he believed was contravention of his fundamental rights and freedoms under various articles of the Constitution of Kenya, 2010 including Articles 22, 23, 36 (1), 40(1) 50 (1 and 2). It was alleged in the petition that at the material time the appellant was a director of the then dissolved Kieni East Farmers Company Limited (the company). The appellant alleged that on the 19th July, 2011, he received telephone calls from a person who identified himself as Mr. Kimathi of Kinamba Police Station in Ng’arua, Laikipia West, requiring him to report to that station; that the appellant to confirm legitimacy of the summons told the caller to serve him with official written summons; that on the 12th August, 2011 the appellant received another telephone call from the…

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