LAW SOCIETY OF KENYA V ATTORNEY-GENERAL & ANOTHER [2009] KEHC 2093 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

Petition 185 of 2008

IN THE MATTER OF :    SECTION 84 OF THE CONSTITUTION OF KENYA

IN THE MATTER OF :    THE WORK INJURY BENEFITS ACT, 2007

IN THE MATTER OF: CONTRAVENTION AND/OR 

APPREHENDED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS    

LAW SOCIETY OF KENYA ………………..….............................…………PETITIONER

- VERSUS -

ATTORNEY-GENERAL ………………..........................….……………..RESPONDENT

CENTRAL ORGANISATION OFTRADE UNIONS (K)  PARTY………INTERESTED

CORRIGENDA - RULING

     A sixty-three page Judgment was delivered after a hearing of the petition, on 4^th March, 2009.

     Thereafter, it turned out that there were typographical errors in the final judgment.

     Learned counsel for the petitioner moved this Court by virtue of ss. 3A and 99 of the Civil Procedure Act, to effect the necessary corrections (Notice of Motion of 23^rd March, 2009).

     With all the counsel in the matter present or represented,  I have today heard the specific details of the said typographical errors in the Judgment; and all counsel agree that the same be corrected.

     On that basis, and exercising the relevant powers of this Court, as well as this Court’s inherent jurisdiction, I hereby make corrections to the petition judgment aforesaid as follows:

(1)       On page 61 of the judgment, the reference to s. 7(2) of the Act shall instead refer to s. 7(4) of the Work Injury Benefits Act, 2007.

(2)       On page 12 of the judgment, the reference to s. 7(2) of the same statute (the Work Injury Benefit Act) shall instead refer to s. 7(4) of that Act.

(3)       On page 39 of the Judgment, the reference to s. 21 (1) and (3) of the said Work Injury Benefits Act shall instead be to s. 25 (1) and (3) of the same Act.

(4)       On page 60 of the Petition Judgment, the reference to s. 21(1) of the Work Injury Benefits Act shall instead be to s. 25(1) of the same Act.

(5)       In the final decision on page 62 of the said Petition Judgment, the reference to s. 21(1) of the Work Injury Benefits Act shall be deleted, as it is inapplicable.

(6)       These orders shall be prepared in typescript, and shall be served upon all counsel involved in the petition, who will advise the parties accordingly.

(7)       A copy of these orders shall be supplied by the Deputy Registrar to the Editors of the Kenya Law Reports.

DATED and DELIVERED at Nairobi this 1^st day of July, 2009.

J.B. OJWANG

JUDGE

Coram:  Ojwang, J.

Court Clerk:  Huka

For the Petitioner:  Mr. Ngatia

For the Respondent:  Mrs. Guserwa holding brief

Mr.  Ombwayo

Interested Party:  Mrs Guserwa