Constitution of Kenya (Repealed) - Kenya Law Reports

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114 Constitution of Kenya[Rev. 2009[Subsidiary]Reference to theHigh Court bysubordinate courtupon request byparties.Subordinate court tostate issues and itsopinion.Registrar to placereference beforeChief Justice orjudge.8. Where a party to proceedings in a subordinate court allegesthat there is a question as to the interpretation of the Constitution andthe court is of the opinion that it involves a substantial question of law,the party shall informally request the presiding officer of that court torefer the question to the High Court and the court shall do so in FormC in the Schedule to these rules.9. The court shall in either case state concisely the issues and itsopinion in Form B and Form C and shall within fourteen days referthe question to the High Court.10. Upon receipt of the reference, the Registrar shall within sevendays place the matter before the Chief Justice to constitute a bench inaccordance with the provisions of section 67(3) of the Constitution,unless there is an interlocutory matter in the reference, in which casethe Registrar shall place the matter before a judge for determination.PART III - ENFORCEMENT JURISDICTIONContravention offundamental rightsand freedoms.Form of petition.Petition to besupported byaffidavit.Documents to beannexed to affidavit.Petition to be served.Replying affidavit.Further affidavit.Fixing Petition for11. Where contravention of any fundamental rights and freedomsof an individual under sections 70 to 83 (inclusive) of the Constitutionis alleged or is apprehended an application shall be made directly tothe High Court.12. An application under rule 11 shall be made by way of a petitionas set out in Form D in the Schedule to these Rules.13. The petition under rule 12 shall be supported by anaffidavit.14. If a party wishes to rely on any document, the document shallbe annexed to the supporting affidavit.15. The petition shall, in a criminal case, be served on theAttorney-General and in a civil case, on the respondent, within sevendays of filing.16. The Attorney-General or the respondent, as the case may be,shall within fourteen days of service of the petition, respond by wayof a replying affidavit and if any document is relied upon, it shall beannexed to the replying affidavit.17. A petitioner who wishes to file a further affidavit shall do sowithin seven days of service of the replying affidavit.18. (1) Within seven days from the date of service of the response
Rev. 2009]Constitution of Kenya 115or further affidavit, whichever is the later, the Registrar shall place thematter before a judge for fixing a hearing date or directions.(2) The Judge may in giving directions require that parties fileand serve written submissions.19. Where the Attorney-General or the respondent, as the case maybe, fails to respond within the time stipulated in rule 16, the petitionermay set down the matter for hearing and determination.20. Notwithstanding anything contained in these Rules, a judgebefore whom a petition under rule 12 is presented may hear anddetermine an application for conservatory or interim orders.21. An application under rule 20 shall be by chamber summonssupported by an affidavit and may be heard ex parte.22. A person affected by an order under rule 20 may apply to setaside such order.23. Where a constitutional issue arises in a matter before the HighCourt, the court seized of the matter may treat such issue as a preliminarypoint and shall hear and determine the same.24. Where in proceedings in a subordinate court a questionarises as to the contravention of any of the provisions of sections 70to 83 (inclusive) of the Constitution, and the presiding officer is of theopinion that the question raised is not frivolous or vexatious, he mayrefer the question to the High Court in Form E set out in the Scheduleto these Rules.25. Where a party to proceedings in a subordinate court allegescontravention of his fundamental rights or freedoms under sections70 to 83 (inclusive) of the Constitution in relation to himself, he shallapply informally to the presiding officer during the pendency of theproceedings that a reference be made to the High Court to determinethe question of the alleged violation.26. If the presiding officer is satisfied that there is merit in theallegation made under rule 24, and that it has not been made frivolouslyor vexatiously, he shall grant the application whereupon the court shallframe the question to be determined by the High Court in Form F setout in the Schedule to these Rules.27. As soon as is practicable, and in any case not later than twentyone days from the date of framing the question, the subordinate courtshall refer the matter to the High Court.[Subsidiary]hearing by the courtWritten submissions.Fixing Petition forhearing by petitioner.Conservatory orinterim Orders.Application to be bychamber summons.Setting aside.Constitutional issuesin a matter before theHigh CourtReference to theHigh Court bysubordinate court onits own motionInformal applicationto the presidingofficer.Court to framequestion.Subordinate court torefer matter to HighCourt.
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Constitution of Kenya (Repealed) - Kenya Law Reports

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