Muslims For Human Rights (Muhuri) & Haki Africa v Inspector General Of Police, Cabinet Secretary Ministry Of Interior And Coordination Of National Government, Attorney General, Gulf African Bank Limited & Nic Bank Limited [2015] KEHC 5143 (KLR) | Fundamental Rights | Esheria

Muslims For Human Rights (Muhuri) & Haki Africa v Inspector General Of Police, Cabinet Secretary Ministry Of Interior And Coordination Of National Government, Attorney General, Gulf African Bank Limited & Nic Bank Limited [2015] KEHC 5143 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

PETITION NO. 19 OF 2015

IN THE MATTER OF: THE CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 2, 3, 10, 19, 20, 21, 22, 23, 24, 25, 28, 29, 31, 43, 47, 48, 49, 50, 238, 239, 243, 244 AND 245 OF THE CONSTITUTION OF KENYA, 2010

AND

IN THE MATTER OF: CONTRAVENTION OF SECTIN 3 OF THE PREVENTION OF TERRORISM ACT

BETWEEN

1. MUSLIMS FOR HUMAN RIGHTS (MUHURI)

2. HAKI AFRICA…………………………… PETITIONERS

VERSUS

1. THE INSPECTOR GENERAL OF POLICE

2. THE CABINET SECRETARY MINISTRY OF INTERIOR AND

COORDINATION OF NATIONAL GOVERNMENT

3. THE HON. ATTORNEY GENERAL

4. GULF AFRICAN BANK LIMITED

5. NIC BANK LIMITED……………...…….RESPONDENTS

RULING

Having heard all counsel involved in this matter, I make the following parties:-

I allow the joinder of the following application:-

The Office of the Director of Public Prosecutions

The Kenya National Commission on Human Rights

KATIBA INSTITUTE

I direct these parties to serve their papers upon the Petitioners and the Respondents, and the Respondents forthwith.

I grant the Office of Director of Public Prosecutions and the Attorney General and 5th Respondent seven (7) days within which to file and serve their respective responses.

The Petition herein is a matter of great public interest and it is important that all responses should be on record to enable the Court to make an informed decision thereon.  For that reason, I direct the Application for Conservatory Orders be heard on 30th April, 2015 at 10. 00 a.m.

Further Order:

The application for joinder should be in the matter and not by way of a separate application.  Miscellaneous Application No. 15 of 2015 is deemed to have been made in the Petition.

Dated, Signed and Delivered in Mombasa this 24th day of April, 2015.

M. J. ANYARA EMUKULE

JUDGE