|CHAPTER 1 - CONSTITUTION OF KENYA (REPEALED) CODE | HOME|
|84. Enforcement of protective provisions.|
|Derogation from fundamental rights and freedoms.||Preservation of public security.|
|Enforcement of protective provisions. 6 of 1992, s. 10, 9 of 1997, s. 10.||
84. (1) Subject to subsection (6), if a person alleges that any of the provisions of sections 70 to 83 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if another person alleges a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction -
(a) to hear and determine an application made by a person in pursuance of subsection (1);
(b) to determine any question arising in the case of a person which is referred to it in pursuance of subsection (3),
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 70 to 83 (inclusive).
(3) If in proceedings in a subordinate court a question arises as to the contravention of any of the provisions of sections 70 to 83 (inclusive), the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous and vexatious.
(4) Where a question is referred to the High Court in pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision.
(5) Parliament -
(a) may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that Court, more effectively, to exercise the jurisdiction conferred upon it by this section; and
(b) shall make provision -
(i) for the rendering of financial assistance to any indigent citizen of Kenya where his right under this Chapter has been infringed or with a view to enabling him engage the services of an advocate to prosecute his claim; and
(ii) for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).
(7) A person aggrieved by the determination of the High Court under this section may appeal to the Court of Appeal as of right.