Miguna v Lufthansa Group operating as Lufthansa German Airlines & 6 others; Kenya National Commission on Human Rights & another (Interested Party) (Petition 47 of 2020) [2022] KEHC 316 (KLR) (Constitutional and Human Rights) (5 May 2022) (Directions) Neutral citation: [2022] KEHC 316 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION 47 OF 2020 HI ONG'UDI, J MAY 5, 2022 BETWEEN MIGUNA MIGUNA ................................................................................. APPLICANT AND LUFTHANSA GROUP OPERATING AS LUFTHANSA GERMAN AIRLINES ........................................................................................ 1ST RESPONDENT AIR FRANCE ................................................................................ 2ND RESPONDENT ATTORNEY GENERAL ............................................................... 3RD RESPONDENT RAYCHELLE OMAMO, THE CABINET SECRETARY,MINISTRY OF FOREIGN AFFAIRS ......................................................................................... 4TH RESPONDENT CAPTAIN GILBERT M.KIBE, DIRECTOR GENERAL,KENYA CIVIL AVIATION AUTHORITY (KCAA) ............................................. 5TH RESPONDENT ALEX GITARI, ACTING MANAGING DIRECTOR KENYA AIRPORTS AUTHORITY ................................................................................. 6TH RESPONDENT FRED MATIANG’I, CABINET SECRETATRY, MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT .............. 7TH RESPONDENT AND KENYA NATIONAL COMMISSION ON HUMAN RIGHTS .... INTERESTED PARTY THE LAW SOCIETY OF KENYA .......................................... INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/kehc/2022/316/eng@2022-05-05 1
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DIRECTIONS 1. I have heard both counsel on this issue of access to the E-citizen platform by the petitioner. I had earlier directed that the 3rd, 4th and 7th respondents facilitate the said access. However, this was before I had heard from M/s Mwangi who unknown to me had gone off the platform. Counsel has submitted that the respondents would want to know what the real issue is in order to respond effectively. I have already pointed out the delays in hearing this matter. For the interest of Justice to be served, I set aside the earlier directions and I direct the Petitioner to file and serve formal application within 3 days. 2. Responses to be filed served within 5 days of service. 3. Brief submissions limited to 4 pages to be filed and exchanged within 7 days. The petitioner to have the first 3 days. 4. Mention on 23.5.2022 for a ruling date. DELIVERED VIRTUALLY, SIGNED AND DATED THIS 5TH DAY OF MAY, 2022 IN OPEN COURT AT MILIMANI, NAIROBI. H. I. Ong’udi Judge of the High Court https://new.kenyalaw.org/akn/ke/judgment/kehc/2022/316/eng@2022-05-05 2
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