Constitution of Kenya, 2010
202
[Subsidiary]
proceedings before it.
Place of filing.
8. (1) Every case shall be instituted in the High Court within whose
jurisdiction the alleged violation took place.
(2) Despite sub rule (1), the High Court may order that a petition be
transferred to another court of competent jurisdiction either on its own motion
or on the application of a party.
Notice of institution of the petition.
9. (1) The Court may direct that notice of institution of petition be posted
on the Court notice board or be published in the Gazette, a daily newspaper
with national circulation or the Judiciary’s website.
(2) The notice referred to in sub rule (1) shall—
(a) contain a brief summary of the case, reference to the provisions of
the Constitution violated or infringed and the relief sought; and
(b) be approved by the Registrar.
Form of petition.
10. (1) An application under rule 4 shall be made by way of a petition as
set out in Form A in the Schedule with such alterations as may be necessary.
(2) The petition shall disclose the following—
(a) the petitioner’s name and address;
(b) the facts relied upon;
(c) the constitutional provision violated;
(d) the nature of injury caused or likely to be caused to the petitioner or
the person in whose name the petitioner has instituted the suit; or in
a public interest case to the public, class of persons or community;
(e) details regarding any civil or criminal case, involving the petitioner
or any of the petitioners, which is related to the matters in issue in
the petition;
(f) the petition shall be signed by the petitioner or the advocate of the
petitioner; and
(g) the relief sought by the petitioner.
(3) Subject to rules 9 and 10, the Court may accept an oral application,
a letter or any other informal documentation which discloses denial, violation,
infringement or threat to a right or fundamental freedom.
(4) An oral application entertained under sub rule (3) shall be reduced
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