Jemimah Wambui Ikere v Standard Group Limited & another: Kenya High Court, 2013

Date December 29, 20151:57 pm
Subject , ,

The Applicant test in this case is against a preliminary objection. The Applicant avers that the Respondents, in publishing stories, narrations and pictures of her minor children have committed a violation of their rights to privacy and dignity and committed acts of cruel, inhuman or degrading treatment. The Respondents argued on the vertical and horizontal application of human rights (how human rights apply to non-state actors).

From the ruling: “…it is clear to my mind that there is nothing in the Constitution that draws the distinction between vertical and horizontal application of the Bill of Rights. The Bill of Rights applies to all persons and binds everybody and yet each case must be looked at in its context and circumstances.”

The preliminary objection is overruled and the case can proceed to the trial.

Republic of Kenya: in the High Court of Kenya at Nairobi: Petition No 466 of 2012 as consolidated with petition no. 416 of 2012 between Jemimah Wambui Ikere, Petitioner and Standard Group Limited, 1st respondent, Nation Media Group, 2nd respondent: Ruling: Jemimah Wambui Ikere v Standard Group Limited & another [2013] eKLR