JUDGMENT OF THE COURT
The appellant MWANGI MUTAHI RUGA filed a Constitutional Petition dated 24th August, 2012 alleging contravention of his fundamental rights and freedoms under section (sic) 31(a) and (b) (supposedly of the Constitution). In the petition he alleged - “That the Municipal Council of Nyeri broke and entered into my vehicle KSP 174 took and detained it with all the items there in claiming that I owed them Ksh.50 of which they had not demanded.”
It would appear that the respondent resisted the petition by an affidavit of one Charles Gichuki Gachana, as can be discerned from the judgment of Wakiaga, J. dated 20th February, 2014 although it was not part of the record. In his judgment, the learned judge came to the conclusion, inter alia, that the appellant’s cause of action was “...purely a commercial dispute which should have been filed by way of a plaint in which the petitioner should have claimed restitution and general/special damages for loss of user in compensation.”
Th…