REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 94 OF 2011 BETWEEN DUNCAN OTIENO WAGA......................................... PETITIONER AND THE HON. ATTORNEY GENERAL......................... RESPONDENT RULING While preparing the judgment in this matter, it became apparent that the issue of applicability of the Constitution and the former Constitution would be decisive in the determination of the petitioner’s claim. Unfortunately, I was not addressed on these issues by the counsel’s and it would be proper to hear then before I make the final judgment. I now invite the parties to address me this issue. DATED and DELIVERED at NAIROBI this 30th day of April 2012 D. S. MAJANJA JUDGE Mr Chigiti instructed by Chigiti & Chigiti Advocates for the petitioner Mr E. Kakoi, Litigation Counsel, instructed by the State Law Office for the respondent.
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